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BURO v. STATE

306 N.Y. 730 (1954)

Frank Buro, Appellant, v. State of New York, Respondent. (Claim No. 28954.) (And Fourteen Other Appeals, Claims Nos. 28955-28962; 28988-28993.)

Court of Appeals of the State of New York.

Decided January 21, 1954

Attorney(s) appearing for the Case

Reuben L. Haskell for appellants.

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

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

Judgments affirmed, with costs. Memorandum: Quite clearly, there has been no change of grade and, on the weight of the evidence, there is no damage to claimants' properties by interference with their easements of light and air. No opinion.

LEWIS, Ch. J., CONWAY and FROESSEL, JJ., dissent and vote for reinstatement of the judgments of the Court of Claims on the following ground: There cannot be, in this case, any recovery of damages for change of grade as such, under...

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