Glen & Mohawk Milk Association v. State New York

[2 A.D.2d 95 Page 96] On April 2, 1952, the State appropriated the entire milk receiving and processing plant owned by claimant in the village
of Fultonville, Montgomery County, New York, for purposes of the New York State Thruway. Claimant filed a claim in the amount
of $938,500. The State has been permitted to file a counterclaim for $11,200 representing rental from May 1, 1952, after the
taking, to July 1, 1953 under an agreement whereby the claimant was licensed to occupy the premises during that period for
$800 per month. The Court of Claims has awarded as the value of the property taken the sum of $312,090.70, and has allowed
the counterclaim in full, leaving a net award of $300,890.70, plus interest. The State contends that the award is grossly
excessive and that the court below applied an improper measure of value. Claimant contends that the award is inadequate and
that the counterclaim was improperly allowed. The latter contention does not seem to be seriously pressed and, as the evidence
clearly supports the counterclaim, we will consider here only the main award.