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DESTITO v. STATE OF NEW YORK

207 Misc. 493 (1955)

Patsy Destito et al., Doing Business as Savoy Restaurant, Claimants, v. State of New York, Defendant. (Claim No. 28030.)

Court of Claims.

March 3, 1955.

Attorney(s) appearing for the Case

John P. Gualtieri, Albert Averbach, G. Edward La Gatta and Dominick J. Parry for claimants.

Nathaniel L. Goldstein, Attorney-General (James G. Austin and Douglas S. Manley of counsel), for defendant.

LOUNSBERRY, P. J.

This claim is for damages to the claimants' premises, situate on Dominick Street in the city of Rome, adjacent to the Mohawk River, resulting from an overflow of that river which occurred October 2, 1945. The claimants contend that the flood resulted from negligence and mismanagement in the operation by the State of Delta Dam, which dams the Mohawk about five miles above Rome and forms a substantial...

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