KEATOR v. STATE OF NEW YORK

Attorney(s) appearing for the Case

John T. DeGraff, Herman E. Gottfried and Margrethe R. Powers for appellants.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz, Ruth Kessler Toch and Emil Woldar of counsel), for respondent.

Judges BURKE, SCILEPPI and BREITEL concur with Judge JASEN; Chief Judge FULD and Judges BERGAN and KEATING dissent and vote to affirm in the following memorandum: On the record before us, there is no basis for treating the claimants' property as a specialty and, as the Appellate Division noted, there was no indication or suggestion by the Court of Claims that the property was "either unique or a specialty." We would affirm on the very simple ground that the evidence supports the finding of value made by the Appellate Division rather than the finding made by the trial court.