Cuomo v. State — 19 N.Y.2d 721

Majority

p. 721

Michael Cuomo et al., as Executors of Frances Cuomo, Deceased, Appellants, v. State of New York, Respondent.

(Claim No. 35793.)

Argued February 15, 1967;

decided February 28, 1967.

p. 722

Fabian G. Palomino, John H. Finn and Henry C. Frey for appellants.

Louis J. Lefhowits, Attorney-General (Jean M. Goon 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 erro

p. 723

neously 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 Vooehis, Burke, Scileppi, Bergan, Keating and Breitel.