Vlachos v. State

— Appeal from a judgment in favor of claimants, entered January 14, 1972, upon a decision of the Court of Claims. The State of New York made a partial taking of claimant’s property for the purpose of widening Montauk Highway in the Town of Islip, Suffolk County. The property in question consisted of approximately 37,053 so. ft. in two contiguous parcels, one zoned business and the other residential. The business zoned parcel fronted on Montauk Highway and was improved with a one-story diner constructed some five years prior to -the taking, at which time it was a going concern. The…