Winchester v. State of New York

—Judgment unanimously modified, on the law and facts, in accordance with memorandum and, as modified, affirmed, without costs. Denman, J., not participating. Memorandum: The State appeals from a judgment of the Court of Claims which granted respondent an award for damages resulting from the appropriation of a portion of his property for construction of the Southern Tier Expressway near Lake Chautauqua. The subject property consisted of approximately 21 acres bisected by Route 17. The parcel west of Route 17 consisted of approximately 600 feet of undeveloped lake frontage. The property east of…