Carrols Corporation v. State

Full title: CARROLS CORPORATION, Respondent, v. STATE OF NEW YORK, Appellant. (Claim…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 14, 1992

185 A.D.2d 616 (N.Y. App. Div. 1992)

586 N.Y.S.2d 42

Opinion

July 14, 1992

Appeal from the Court of Claims, Israel Margolis, J.

Present — Denman, P.J., Boomer, Pine, Balio and Fallon, JJ.

Judgment unanimously affirmed without costs. Memorandum: We affirm for the reasons stated by the Court of Claims (Israel Margolis, J.). We add only that the evidence was clear that the taking rendered the building largely unfit for a high-volume, fast-food restaurant, and "it would have been folly" for claimant to await the actual taking before constructing a new restaurant building (Conn Realty Corp. v. State of New York, 44 A.D.2d 892; see, Wilmot v. State of New York, 32 N.Y.2d 164, 168-169, rearg denied 33 N.Y.2d 657).