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FITZGERALD v. STATE OF NEW YORK

9 A.D.2d 486 (1959)

Alton Fitzgerald, Respondent-Appellant, v. State of New York et al., Appellants-Respondents. (Claim No. 33694.)

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

December 31, 1959.

Attorney(s) appearing for the Case

Irving H. Lessen for respondent-appellant.

Thomas F. Moore, Jr., John R. Davison, Edward L. Ryan and Scott B. Lilly for the Power Authority of the State of New York, appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for the State of New York, appellant-respondent.

FOSTER, P. J., BERGAN, COON, GIBSON and REYNOLDS, JJ., concur.

Per Curiam.

Appeal by the State and by the State Power Authority from a judgment of the Court of Claims which awarded claimant compensation for the appropriation of his lands for purposes of the Authority; and cross appeal by claimant on the ground of the inadequacy of the award. The facts are stated in the comprehensive opinion of the trial court. (10 Misc.2d 1046.)

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