278 A.D. 886 | N.Y. App. Div. | 1951
Judgment modified on the law and facts in accordance with the memorandum and, as modified, affirmed, without costs of this appeal to either party. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: Appeal from a judgment of the Court of Claims in favor of claimant. The award of $6,000 and interest was for .268 of an acre of land taken by the State for highway purposes from the extreme eastern end of claimant’s property, which was originally a rectangular parcel approximately 600 feet in length from east to west and 100 feet in depth. The buildings were and are at the westerly end of the premises. The main building, which was used by claimant as a roadside tavern, is situate at the westerly end of the premises, being 375 feet from the near boundary of the portion taken. The new highway, swinging in a slow curve to the south over the pre-empted parcel, is banked away from the remainder of claimant’s premises, leaving a four and a half foot grade between the highway and claimant’s abutting land. The highway over the land appropriated is part of a larger traffic control improvement which diverts through traffic from former