HOLMES v. STATE OF NEW YORK


279 A.D. 489 (1952)

Theodore L. Holmes et al., Appellants, v. State of New York, Respondent. (Claim No. 29801.)

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

March 12, 1952.


Attorney(s) appearing for the Case

Lewis B. Parmerton for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Ronald E. Coleman of counsel), for respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.


FOSTER, P. J.

This is an appeal from a judgment of the Court of Claims which allowed the value of a very small parcel of land appropriated by the State, and denied a claim for consequential damages in connection with the elimination of a railroad grade crossing in the village of Owego, New York. Claimants own and conduct a feed business in that village on a street known as Erie Street Extension.

The elimination...

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