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Carrols Corp. v. State

185 A.D.2d 616, 587 N.Y.S.2d 873, 1992 N.Y. App. Div. LEXIS 9130
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 14, 1992
DocketClaim No. 75729
StatusPublished

This text of 185 A.D.2d 616 (Carrols Corp. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Wilmot v. State of New York
297 N.E.2d 90 (New York Court of Appeals, 1973)
Wright v. Farlin
303 N.E.2d 705 (New York Court of Appeals, 1973)
Conn Realty Corp. v. State
44 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1974)

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Bluebook (online)
185 A.D.2d 616, 587 N.Y.S.2d 873, 1992 N.Y. App. Div. LEXIS 9130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrols-corp-v-state-nyappdiv-1992.