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REED v. STATE OF NEW YORK

18 Misc.2d 204 (1959)

James Reed et al., Claimants, v. State of New York, Defendant. (Claim No. 34789.)

Court of Claims.

July 21, 1959.

Attorney(s) appearing for the Case

Lynch & Lynch (Henry D. Snyder, Jr., of counsel), for claimants.

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

RICHARD S. HELLER, J.

On August 31, 1956, following a rainstorm, the water in an unused portion of the old Champlain Canal in the Village of Schuylerville, Saratoga County, New York, rose and overflowed the banks causing damage to the real and personal property of the claimants.

In 1953 the State had removed a bridge over the canal 75 feet easterly of claimants' house and had filled in the canal bed...

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