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MacINTYRE v. STATE OF NEW YORK

18 Misc.2d 302 (1959)

Curtiss B. MacIntyre et al., Claimants, v. State of New York, Defendant. (Claim No. 34299.)

Court of Claims.

August 28, 1959.

Attorney(s) appearing for the Case

Mauriel, Severson & Soennichsen (John J. Mauriel of counsel), for claimants.

Louis J. Lefkowitz, Attorney-General (David C. Quinn of counsel), for defendant.

CHARLES T. MAJOR, J.

This is a claim for damages alleged to have been caused by a surveyor, as an agent and employee of the State, trespassing upon claimants' property and inserting a metal bench mark into a root of a slippery elm tree, causing the tree to decay and become destroyed.

It is conceded that on September 5, 1956, a State surveyor entered, without permission, upon claimants' lands; and, after...

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