Legal Opinion

McDonald v. State

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1976No. Claim No. 56971PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously modified, on the law and facts, in accordance with memorandum and as modified affirmed, without costs. Memorandum: The State appeals from a judgment awarding $62,000 for the partial taking of claimants’ real property. This corner property had formerly been designed, built and used as an animal hospital. The taking of 2,570 square feet of frontage on two streets damaged the site to a degree that the building could no longer be used for such purposes. Claimants maintained that the property was a specialty and relied entirely upon damages measured by replacement cost less…

2Cases cited3 opinions

  1. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1961
  2. In re City of New YorkNew York Court of Appeals · 1963
  3. Cooney Bros. v. State of New YorkNew York Court of Appeals · 1969

3Cited by5 opinions

  1. Great Atlantic & Pacific Tea Co. v. KiernanNew York Court of Appeals · 1977
  2. City of Rochester v. S. C. Toth, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  3. Saratoga County Sewer District 1 v. GordonAppellate Division of the Supreme Court of the State of New York · 1984
  4. Rochester Urban Renewal Agency v. Willsea WorksAppellate Division of the Supreme Court of the State of New York · 1978
  5. Camillus Hills Pet Lodge, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1979

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