Benderson Development Co. v. State

Judgment unanimously modified, on the law and facts, in accordance with memorandum, and, as modified, affirmed, without costs. Memorandum: Both claimant and defendant have appealed from a judgment in the Court of Claims awarding $37,327 for an appropriation on August 20, 1964, under section 30 of the Highway Law, made in connection with the widening of Jefferson Road in the Town of Henrietta, Monroe County. Prior to the taking, claimant was the lessee under a 50-year net landlease of 9.7731 acres of vacant land lying to the north of Jefferson Road and having approximately 500 feet of frontage…