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CENT. BROAD. CORP. v. STATE OF N. Y.

3 A.D.2d 128 (1957)

Central New York Broadcasting Corp., Respondent, v. State of New York, Appellant. (Claim No. 31163.)

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

January 16, 1957.

Attorney(s) appearing for the Case

James E. Wilber for respondent.

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

All concur, McCURN, P. J., concurs in the reversal but votes for granting a new trial, in a separate opinion. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.

VAUGHAN, J.

This claim was brought against the State of New York to recover damages for erosion of claimant's property allegedly caused by negligent construction of a flood control project in the area of Onondaga Creek. The State appeals from a judgment for the claimant.

The Flood Control Act of 1936 (U. S. Code, tit. 33, ch. 15) authorizes the Federal Government to construct flood control projects in...

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