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MORTON v. STATE OF NEW YORK

8 A.D.2d 49 (1959)

Emil Morton et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim Nos. 32839 and 34235.)

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

May 6, 1959.

Attorney(s) appearing for the Case

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

Bernard L. Bermant for respondents-appellants.

FOSTER, P. J., COON and HERLIHY, JJ., concur with REYNOLDS, J.; BERGAN, J., dissents, in part, in a memorandum.

REYNOLDS, J.

Appeals by both the State and the claimants from judgments of the Court of Claims making awards in two appropriation cases, No. 32839 and No. 34235 and an appeal by the claimants from the denial by the same court of their motion to reconsider and correct its decision rendered therein.

Prior to the taking by the State the claimants owned a plot of land, shaped somewhat like a triangle, located...

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