Legal Opinion
Cooney Bros. v. State of New York
New York Court of Appeals
Decided April 16, 1969No. Claim 42437PublishedCited by 8 opinions
1Opinion of the CourtKeating, J.
Cooney Brothers, Inc. (hereinafter Cooney), a gravel manufacturer, leased two adjacent parcels of land upon which it installed heavy equipment and engaged in the production of sand and gravel until the State, pursuant to section 30 of the Highway Law, appropriated approximately 26 acres from one of the leased parcels to construct an intrastate artery. As a result of this taking the claimant could not feasibly continue to use the leased property for gravel operations.
The 26 acres appropriated by the State ran in a continuous strip which divided the claimant’s property. The taking deprived the…
2Cases cited4 opinions
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Matter of Mayor, Etc., of New YorkNew York Court of Appeals · 1901
- Poillon v. . GerryNew York Court of Appeals · 1904
- Cooney Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1966
3Cited by8 opinions
- Chester Industrial Park Associates, LLP v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Castellano v. StateNew York Court of Appeals · 1978
- City of Buffalo Urban Renewal Agency v. Lane Bryant Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- McDonald v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Traendly v. StateAppellate Division of the Supreme Court of the State of New York · 1976
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