Hyperlawhypertext legal database Peter Kiewit Sons' Co. v. State 31 N.Y.2d 944

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Peter Kiewit Sons' Co. v. State

31 N.Y.2d 944 Court N.Y. Decision date 1972-12-29 Docket Claim No. 42404 English

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p. 944
Peter Kiewit Sons’ Co., Respondent, v. State of New York, Appellant.
(Claim No. 42404.)
Argued November 27, 1972;
decided December 29, 1972.
p. 945
Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for appellant.
Homer E. Peters and Livingston T. Coulter for respondent.

Order affirmed, with costs, in the following memorandum: The appeal presents no dispute as to the rule of law under which

p. 946
a condemnee is denied recovery for enhancement in value attributable to the appropriation itself (see, e.g., United States v. Miller, 317 U. S. 369 ); but both courts below, in determining the purely factual issues presented, were warranted in finding no basis in the evidence for application of the rule.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Gibson. Judges Breitel and Jasen dissent and vote to reverse and grant a new trial on the dissenting opinion at the Appellate Division.

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