Appellate Division of the Supreme Court of the State of New York March 7, 1968, Claim No. 45442 (Frost v. State)

Gibson, P. J.

Cross appeals from a judgment of the Court. of Claims which awarded damages for an appropriation for highway purposes; the State contending that the award should not have included damages representing the value of certain gasoline storage tanks which rested on steel and concrete supports and are asserted by the State to have been personalty; but that if the tanks were in fact taken,