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 direct and consequential damages for the State's taking of 11 acres, holding that the claimants' pre‑taking sale of the 24‑acre parcel eliminated any recovery for that land and that the highest and best use of the property should be assessed based on the original 49‑acre tract. Justice Jasen dissented, arguing the award was excessive.