MacKENZIE v. STATE OF NEW YORK


7 Misc.2d 396 (1957)

Kenneth A. MacKenzie et al., Doing Business as MacKenzie Sand & Gravel Co., Claimants, v. State of New York, Defendant. (Claim Nos. 33202, 33708, 34327.)

Court of Claims.

September 10, 1957.


Attorney(s) appearing for the Case

Albert Averbach and Thomas J. Cleere for claimants.

Louis J. Lefkowitz, Attorney-General (James G. Austin and Lawrence Wayne of counsel), for defendant.


BERNARD RYAN, P. J.

After an extended trial, following which it became necessary for the claimants to file an additional claim in order to complete the jurisdiction of the court, a stipulation was entered into between the parties which provided that all of the above-numbered claims be consolidated and that they be considered fully and finally submitted for decision without additional briefing, evidence, exhibits, additional view or requests to find. Thereafter...

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