ROSKIN BROS. v. STATE OF NEW YORK


5 Misc.2d 929 (1957)

Roskin Bros., Inc., Claimant, v. State of New York, Defendant. (Claim No. 32296.)

Court of Claims.

March 7, 1957.


Attorney(s) appearing for the Case

Thomas F. Burke and Arnold Rosenstein for claimant.

Louis J. Lefkowitz, Attorney-General (Joseph A. Cutro of counsel), for defendant.


RUSSELL G. HUNT, J.

This claim is to recover for damage by water to a building and personal property therein following the alleged negligence of the State in permitting a culvert under a State highway to become clogged and causing the water therein to back up and resulting in the loss sustained. The damage was discovered on the morning of October 8, 1953, following almost three days of rain commencing on the morning of October 5, 1953 and terminating...

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