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MORRIS v. STATE

10 A.D.2d 754 (1960)

Philip Morris et al., a Copartnership Doing Business as Fred and Philip Morris Stores, Also Morris Department Store, Appellants, v. State of New York, Respondent. (Claim No. 31988.)

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

March 18, 1960

On August 16, 1951, while the contract was being performed, certain streets in the City of Schenectady were flooded, causing damage to the claimants. It is conceded that a heavy, but not unprecedented, rain fell on the above date and that in a little more than two hours approximately three inches of water drenched the territory. In the City of Schenectady there existed an undeveloped and park-like section known as Pleasant Valley...

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