Johnson v. State

OPINION OF THE COURT

Herlihy, J.

The essential facts and/or findings controlling this appeal are relatively few. The State appropriated a portion of land owned by the claimants, and as then required by subdivision 13 of former section 30 of the Highway Law (now section 304 of the Eminent Domain Procedure Law), it offered the claimants $27,465 as settlement. The claimants refused the offer as full settlement, but did accept it plus interest as a preliminary payment.

Subsequently, the Court of Claims, upon a trial of the claim, found that the total damage sum due claimant was $13,630, and the…