New York Court of Appeals
James P. Wilmot, Sr., Respondents v. State of New York, Appellant
April 25, 197332 N.Y.2d 164
Summary
The New York Court of Appeals affirmed the Court of Claims' award of compensation based on the highest and best use of the original 49‑acre tract, holding that the claimants' pre‑taking sale of a 24‑acre parcel was a proper mitigation that eliminated any recovery for that parcel. Justice Jasen dissented, arguing the award was excessive and should be based on the remaining land.