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RINALDI v. STATE OF NEW YORK

4 Misc.2d 178 (1956)

Thomas Rinaldi et al., Individually and as Executors of Sophia Rinaldi, Deceased, Claimants, v. State of New York, Defendant. (Claim No. 32227.)

Court of Claims.

December 12, 1956.

Attorney(s) appearing for the Case

Peter Brevett and Michael S. Powers for claimants.

Jacob K. Javits, Attorney-General (Stanley V. Scott of counsel), for defendant.

George R. Fearon and Vincent A. O'Neill for Lane Construction Company, amicus curiæ.

BERNARD RYAN, P. J.

Sofia Rinaldi (also called Sophia) and her two sons, Thomas and Salvatore, were the owners as tenants in common of a muck farm in Madison County which they operated together. In July, 1951 their onion crop was destroyed by water standing on their lands. This suit against the State of New York is based upon allegations of negligence in the construction of the Thruway. We find that the allegations are not sustained by the proofs and...

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