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ST. AGNES CEMETERY v. STATE OF N. Y.

1 A.D.2d 517 (1956)

St. Agnes Cemetery, Respondent, v. State of New York, Appellant. (Claim No. 31967.)

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

May 10, 1956.

Attorney(s) appearing for the Case

Jacob K. Javits, Attorney-General (Joseph H. Murphy and James O. Moore, Jr., of counsel), for appellant.

Joseph J. Casey for respondent.

FOSTER, P. J., COON, HALPERN and ZELLER, JJ., concur.

GIBSON, J.

The judgment appealed from awarded claimant damages, on account of the appropriation of certain lands and of a permanent easement, within the limits of claimant's cemetery.

Prior to the appropriation on November 20, 1952, the entire cemetery contained approximately 150 acres. The southerly portion of the cemetery consisted of 13.939 acres acquired in 1931 and 1938 and the witnesses for both...

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