COUNIHAN v. STATE OF NEW YORK


18 Misc.2d 514 (1959)

John L. Counihan, Claimant, v. State of New York, Defendant. (Claim No. 33869.)

Court of Claims.

September 14, 1959.


Attorney(s) appearing for the Case

Leo M. Anderson, Jr., for claimant.

Louis J. Lefkowitz, Attorney-General (John F. Dyer of counsel), for defendant.


BERNARD RYAN, P. J.

This case is novel insofar as the suit arises out of an appropriation by the State of New York for right of way for the Thruway. But the facts — the physical changes wrought in a city street upon which claimant's dwelling house and the land upon which it rests and abuts — are reminiscent of the mass of litigation which had its source in the several railroad grade crossing acts...

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