Opinion
Argued February 15, 1967
Decided February 28, 1967
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, SIDNEY SQUIRE, J.
Fabian G. Palomino, John H. Finn and Henry C. Frey for appellants.
Louis J. Lefkowitz, Attorney-General ( Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.
Order of Appellate Division reversed and judgment of the Court of Claims reinstated, with costs in this court and in the Appellate Division. The record does not support the conclusion of the Appellate Division that the Court of Claims erroneously added to the present value of the acreage the prospective cost of improvement to make the land available for its highest use as a subdivision for residential development.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.