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CHOO CHOO CAFE, INC. v. STATE

Appellate Division of the Supreme Court of New York, Third Department
Apr 25, 1985
110 A.D.2d 996 (N.Y. App. Div. 1985)

Opinion

April 25, 1985

Appeal from the Court of Claims (Lowery, Jr., J.).


The judgment should be affirmed for the reasons stated in the opinion of Judge Thomas J. Lowery, Jr., of the Court of Claims. The uncontradicted testimony of claimant's president supports the application of the doctrine of condemnation blight in determining the highest and best use of the appropriated property to be as a full-service restaurant ( see, City of Buffalo v. Clement Co., 28 N.Y.2d 241, 254, 257-258; Matter of City of Rochester v. Livadas, 98 A.D.2d 976).

Judgment affirmed, with costs. Kane, J.P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

CHOO CHOO CAFE, INC. v. STATE

Appellate Division of the Supreme Court of New York, Third Department
Apr 25, 1985
110 A.D.2d 996 (N.Y. App. Div. 1985)
Case details for

CHOO CHOO CAFE, INC. v. STATE

Case Details

Full title:CHOO CHOO CAFE, INC., Respondent, v. STATE OF NEW YORK, Appellant. (Claim…

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

Date published: Apr 25, 1985

Citations

110 A.D.2d 996 (N.Y. App. Div. 1985)