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POWELL v. STATE OF NEW YORK

19 Misc.2d 9 (1959)

Frances L. Powell, Claimant, v. State of New York, Defendant. (Claim No. 34135.) Wayne L. Powell, Claimant, v. State of New York, Defendant. (Claim No. 34134.)

Court of Claims.

October 9, 1959.

Attorney(s) appearing for the Case

Myron J. Cohn and Morris Marshall Cohn for claimants.

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

RICHARD S. HELLER, J.

These two claims for assault and battery and false arrest and imprisonment and malicious prosecution arose out of the same episode and were tried together.

The claimants are husband and wife and on March 22, 1956 they resided with their two children in their home in the Town of Guilderland, Albany County, New York. The house is located approximately 60 feet from the fence along the...

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