Peter Kiewit Sons' Co. v. State
This text of 31 N.Y.2d 944 (Peter Kiewit Sons' Co. v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order affirmed, with costs, in the following memorandum: The appeal presents no dispute as to the rule of law under which [946]*946a 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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31 N.Y.2d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peter-kiewit-sons-co-v-state-ny-1972.