Legal Opinion
Donaloio v. State
New York Court of Appeals
Decided February 5, 1985No. Claim 61773PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
At issue in this case is the amount owing to claimants for the appropriation on October 12,1977 of a sewage flow easement on property adjacent to their restaurant. Both lower courts agreed on the value of the property before the taking, but disagreed on the measurement of damages. The trial court found the highest and best use of the property unchanged by the appropriation, accepting the State’s evidence and representations at trial during 1980 that a cure involving a system of piping the sewage…
2Cases cited2 opinions
- Wolfe v. State of New YorkNew York Court of Appeals · 1968
- Pollak v. StateNew York Court of Appeals · 1977
3Cited by16 opinions
- R-GOSHEN LLC v. Village of GoshenDistrict Court, S.D. New York · 2003
- In re the Acquisition of Real Property by SchenectadyAppellate Division of the Supreme Court of the State of New York · 1993
- County of Suffolk v. KalimniosAppellate Division of the Supreme Court of the State of New York · 2000
- Van Valkenburgh v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- Webster v. RagonaAppellate Division of the Supreme Court of the State of New York · 2008
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