McDOUGAL v. STATE


3 A.D.2d 981 (1957)

Esther McDougal, as Executrix of Frank S. Whitmore, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 29670.)

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

May 22, 1957


Judgment reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

The claim against the State is for "(a) the permanent appropriation of land by the State of New York for the purposes of the Addison Flood Protection Project * * * and (b) for damage caused to claimant's store building located upon a portion of his property lying next adjacent to the portion of his land so appropriated". The Court of Claims...

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