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PALMER v. STATE OF NEW YORK

23 Misc.2d 985 (1960)

Kenneth E. Palmer et al., Claimants, v. State of New York, Defendant. (Claim No. 35350.) Gulf Oil Corporation, Claimant, v. State of New York, Defendant. (Claim No. 36018.)

Court of Claims.

August 4, 1960.

Attorney(s) appearing for the Case

Elsaesser & Elsaesser (Eugene Elsaesser of counsel), for Kenneth E. Palmer and another, claimants. Raichle, Moore, Benning & Weiss (David C. Diefendorf of counsel), for Gulf Oil Corporation, claimant. Louis J. Lefkowitz, Attorney-General (Lawrence H. Wagner of counsel), for defendant.

BERNARD RYAN, P. J.

In 1949 the claimants Kenneth E. Palmer and Hilda C. Palmer acquired title to a tract of land consisting of 5,611 square feet located on the Lake Shore-Lackawanna City highway at the northeast corner of its intersection with Hawley Road in the Town of Hamburg, Erie County. The Lake Shore-Lackawanna City highway was known as State Highway 5019 and was maintained by the State of New York. The Palmers owned a gasoline service station...

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