249 N.Y.S.2d 877, 198 N.E.2d 907

ARCHER MOTOR COMPANY, INC., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 37020.)

Court of Appeals of the State of New York.Argued March 24, 1964
Decided April 2, 1964

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD S. HELLER, J.

Page 679

Louis J. Lefkowitz, Attorney-General (Douglas Manley an Paxton Blair of counsel), for appellant.

Henry Dutcher, Jr., for respondent.

Judgment affirmed, with costs. The receipt of the purchase offer in evidence was error but the record indicates that the award was supported by other competent and substantial evidence sufficient to justify the award.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.