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Pennefeather v. State

23 A.D.2d 898 Court N.Y. App. Div. Decision date 1965-05-06 Docket Claim No. 40764 English

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p. 898
Edward J. Pennefeather et al., Respondents, v. State of New York, Appellant.
(Claim No. 40764.)

Memorandum by the Court. The State appeals from an award in an appropriation case on the sole ground that the trial court erroneously considered “ comparable sales not basically comparable to the property appropriated because of differences in neighborhoods and character of the buildings without any adjustment of the dissimilarities ”. We find no basis for this contention. Judgment affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, J J., concur.