Carrols Corp. v. State

Appellate Division of the Supreme Court of New York

Carrols Corp. v. State

185 A.D.2d 616, 587 N.Y.S.2d 873, 1992 N.Y. App. Div. LEXIS 9130

Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1992·No. Claim No. 75729·Published

Opinion

Judgment unanimously affirmed without costs. Memorandum: We affirm for the reasons stated by the Court of Claims (Israel Margolis, J.). We add only that the evidence was clear that the taking rendered the building largely unfit for a high-volume, fast-food restaurant, and "it would have been folly” for claimant to await the actual taking before constructing a new restaurant building (Conn Realty Corp. v State of New York, 44 AD2d 892; see, Wilmot v State of New York, 32 NY2d 164, 168-169, rearg denied 33 NY2d 657). (Appeal from Judgment of Court of Claims, Israel Margolis, J.—Appropriation.) Present—Den-man, P. J., Boomer, Pine, Balio and Fallon, JJ.

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Judgment unanimously affirmed without costs. Memorandum: We affirm for the reasons stated by the Court of Claims (Israel Margolis, J.). We add only that the evidence was clear that the taking rendered the building largely unfit for a high-volume, fast-food restaurant, and "it would have been folly” for claimant to await the actual taking before constructing a new restaurant building (Conn Realty Corp. v State of New York, 44 AD2d 892; see, Wilmot v State of New York, 32 NY2d 164, 168-169, rearg denied 33 NY2d 657). (Appeal from Judgment of Court of Claims, Israel Margolis, J.—Appropriation.) Present—Den-man, P. J., Boomer, Pine, Balio and Fallon, JJ.

Carrols Corp. v. State, 185 A.D.2d 616, 587 N.Y.S.2d 873, 1992 N.Y. App. Div. LEXIS 9130 (N.Y. Ct. App. 1992).

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Opinion

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