CIMO v. STATE OF NEW YORK


282 A.D. 317 (1953)

Sandra Cimo, Respondent, v. State of New York, Appellant. (Motion No. 2148.)

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

July 8, 1953.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (John R. Davison and Wendell P. Brown of counsel), for appellant.

Charles J. Mistretta for respondent.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


WHEELER, J.

The State appeals from an order of a Special Term of the Court of Claims, granting respondent's motion, pursuant to section 10 of the Court of Claims Act, for permission to file a claim for damages to her real property. The proposed claim is for alleged damages to the property of the respondent, none of which was appropriated, occasioned by a grade crossing elimination project in the village of Falconer...

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