Benz v. New York State Thruway Authority (10 N.Y.2d 806, 1961)

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether plaintiff was deprived of just compensation in violation of the due process clause of the Fourteenth Amendment. The Court of Appeals held there was no such deprivation or violation. [See 9 N Y 2d 486.]