IODICE v. STATE


303 N.Y. 740 (1951)

Gaetano Iodice et al., Appellants, v. State of New York, Respondent. (Claim No. 28103.)

Court of Appeals of the State of New York.

Decided December 7, 1951


Attorney(s) appearing for the Case

John P. Gualtieri and G. Edward La Gatta for appellants.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ. Dissent: FROESSEL, J.


Judgment affirmed, without costs; no opinion.

FROESSEL, J., dissents in the following memorandum:

I dissent and vote for reversal for the reasons stated in the dissenting opinion below (277 App. Div. 647, 654). Moreover, the evidence is uncontradicted that the natural flow of water was substantially increased by waters continuously diverted into the Delta Reservoir during July, August and through September 15, 1945, through the artificial Forestport...

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