Opinion
January 17, 1962
Appeal by the State from so much of a judgment of the Court of Claims as awarded damages for the appropriation, pursuant to section 30 High. of the Highway Law, of the fixtures of certain mercantile premises leased to claimant by the owner of the fee, which was also acquired by the State and separately compensated for, the fee owner making no claim for any fixtures and consenting that the tenant have any award therefor; and cross appeal by claimant from the disallowance of its claim for compensation for certain additional fixtures and for the alleged value of its leasehold interest. Upon the authority of Marraro v. State of New York ( 15 A.D.2d 707) and Morganthal v. State of New York ( 15 A.D.2d 712), judgment modified, on the law and the facts, so as to increase the award by the sum of $2,900.70 which we find to be the value of the walk-in refrigerator box, after removal of motor and floor panel, and the plumbing and electrical connections to the dairy cases, and, as so modified, affirmed, with costs to respondent. Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ., concur. [ 27 Misc.2d 731.]