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GLEN & MOHAWK MILK ASSN. v. STATE OF N. Y.

2 A.D.2d 95 (1956)

Glen & Mohawk Milk Association, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 31877.)

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

July 9, 1956.

Attorney(s) appearing for the Case

Eugene P. Devine, Prescott C. Sook and Joseph Neumann for appellant-respondent.

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

BERGAN, J. P., HALPERN, ZELLER and GIBSON, JJ., concur.

COON, J.

On April 2, 1952, the State appropriated the entire milk receiving and processing plant owned by claimant in the village of Fultonville, Montgomery County, New York, for purposes of the New York State Thruway. Claimant filed a claim in the amount of $938,500. The State has been permitted to file a counterclaim for $11,200 representing rental from May 1, 1952, after the taking, to July 1, 1953 under an...

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