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STEVENS v. STATE OF NEW YORK

21 Misc.2d 79 (1959)

Frederick C. Stevens et al., Claimants, v. State of New York, Defendant. (Claim No. 35971.)

Court of Claims.

December 11, 1959.

Attorney(s) appearing for the Case

Williams & Stevens (E. W. Dann Stevens of counsel), for claimants.

Louis J. Lefkowitz, Attorney-General (Edward A. Rath of counsel), for defendant.

BERNARD RYAN, P. J.

Claimants as tenants in common are the owners of a building lot with 130 feet frontage and 183 feet depth located on the north side of East Main Street in the Village of Attica. East Main Street is State Highway No. 238. Claimants' title extends to the center line of the 4-rod road. A 60-year-old Norway maple tree with a diameter of 12 to 15 inches stood on claimants' lot but within the highway right

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