Moran v. State

■—Judgment unanimously reversed, on the law and facts, without costs, and a new trial granted in accordance with the following memorandum: The property taken by the State herein consists of an unimproved irregular shaped plot of 0.732 plus acres with 186.88 plus feet of frontage on the southerly side of West Genesee Street in the Town of Geddes, Onondaga County, situate at grade level and zoned residential. In addition, Lot No. 2 (being the smaller portion of the subject premises) was encumbered by a restrictive covenant proscribing commercial use of that portion of the subject premises.…