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MASTEN v. STATE OF NEW YORK

11 A.D.2d 370 (1960)

Seymere L. Masten et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 34452.)

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

November 4, 1960.

Attorney(s) appearing for the Case

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

E. & S. L. & E. Greenberg (Emanuel Greenberg of counsel), for respondents-appellants.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

The State appeals, and claimants cross-appeal, from a judgment of the Court of Claims awarding $62,000 for the appropriation of certain lands for Thruway purposes. The taking was of 6.26 acres in Rockland County from a parcel of 49.234 acres fronting on Route 59, a busy cross-county highway connecting Route 9W and Route 17. The improvements — a dwelling, barn and smaller buildings — were...

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