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LA PORTE v. STATE OF NEW YORK

6 N.Y.2d 1 (1959)

Norman La Porte et al., Appellants, v. State of New York, Respondent. (Claim No. 33115.)

Court of Appeals of the State of New York.

Decided May 14, 1959.

Attorney(s) appearing for the Case

Dante M. Scaccia for appellants.

Bernard L. Bermant, amicus curiæ, in support of appellants' position.

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

Judges DESMOND, DYE and BURKE concur with Judge VAN VOORHIS; Chief Judge CONWAY dissents in an opinion in which Judges FULD and FROESSEL concur.

VAN VOORHIS, J.

Under section 347 of the Highway Law, added in its original form by chapter 914 of the Laws of 1942, title to property necessary for State Thruways and bridges is acquired by the filing in the office of the Secretary of State by the Superintendent of Public Works of a description and map of the property under condemnation and by filing a copy thereof in the County Clerk's office in each county where...

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