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Arlen of Nanuet, Inc. v. State

22 A.D.2d 722 Court N.Y. App. Div. Decision date 1964-10-21 Docket Claim No. 39972; Claim No. 40099; Claim No. 42265 English

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p. 722
Arlen of Nanuet, Inc., et al., Appellants, v. State of New York, Respondent. Bernard S. Siegel et al., Respondents, v. State of New York, Respondent. Lake Nanuet Corporation, Respondent, v. State of New York, Respondent.
(Claim No. 39972.)
(Claim No. 40099.)
(Claim No. 42265.)

We find no reason to disturb the exercise of discretion by the Court of Claims in directing joint trial of the claim of the fee owners and that of the tenants, arising out of appropriations for highway purposes; nor do we perceive any ground for appellants’ apprehension that upon a joint trial the court will necessarily adopt the measure of damage which appellants consider to be eiToneous, and as to which we express no opinion. Order affirmed, with one bill of costs to respondents. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.