BRUBAKER v. STATE OF NEW YORK


17 A.D.2d 519 (1963)

Ralph H. Brubaker, Individually and as Administrator with Will Annexed of The Estate of Berenice M. Brubaker, Deceased, Respondent, v. State of New York et al., Appellants. (Claim No. 34735.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 16, 1963.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman of counsel), for State of New York, appellant.

Thomas F. Moore, Jr., Edward L. Ryan, Scott B. Lilly and Lewis R. Bennett for Power Authority of the State of New York, appellant.

Costello, Cooney & Fearon (George R. Fearon and Vincent A. O'Neil of counsel), for respondent.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


BERGAN, P. J.

By a series of four appropriations running over a period of two years the State of New York took on behalf of the State Power Authority for St. Lawrence Seaway and power transmission purposes fee and permanent easement interests in the lands of claimant's testatrix in St. Lawrence County near Massena.

Two main questions arise on appeal: (a) whether the highest and best use of the land was...

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