Majority
p. 687Buster F. Cross et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim Nos. 47871, 50716.)
Judgment unanimously modified on the law and facte by increasing the award to $44,206.14, and as so modified, affirmed,- with costs to claimants. Memorandum: Upon all -the proof we find the fair market value of claimant’s premises at the date of the first appropriation to have been $7,000 per acre and the estimated cost of constructing a bridge to have been $10,000. The value of improvements ($8,000) destroyed by fire before the second taking should be eliminated from the amount of the award for that appropriation. The judgment is accordingly modified to
p. 688
reflect such changes as follows: The total amount of the award should be increased to $44,206.14 being $36,962 for the first taking and $7,244.14 for the second taking. (Appeals from judgment of Court of Claims in claim for damages for permanent appropriation and temporary easement.) Present — Del Vecchio, J. P., Gabrielli, Moule, Cardamone and Henry, JJ.