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MULLEN v. STATE OF NEW YORK

17 Misc.2d 63 (1959)

James E. Mullen et al., Claimants v. State of New York, Defendant. (Claim No. 33574.) Arthur W. Lee et al., Claimants, v. State of New York, Defendant. (Claim No. 33584.) Delos L. Hoskins et al., Claimants, v. State of New York, Defendant. (Claim No. 33667.) Rafael Cardet et al., Claimants, v. State of New York, Defendant. (Claim No. 33668.)

Court of Claims.

May 8, 1959.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Vincent A. O'Neill and James P. Fitzpatrick of counsel), for claimants.

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.

CHARLES T. MAJOR, J.

These claims were filed (1) to recover damages sustained by claimants by the appropriation of part of their properties; and (2) to recover damages for a de facto appropriation based on the contention that the highway in front of their respective properties was a three-rod road. The State denies any de facto appropriation and maintains that the highway is a four-rod road. The dispute resolves itself into a question whether...

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