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SCHILLAWSKI v. STATE OF NEW YORK

9 N.Y.2d 235 (1961)

Edward A. Schillawski et al., Appellants, v. State of New York, Respondent. (Claim No. 32769.) S. E. B. Holding Corporation, Appellant, v. State of New York, Respondent. (Claim No. 32760.)

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Vincent A. O'Neil for Edmund A. Schillawski and others, appellants.

Joseph W. Bryan for S. E. B. Holding Corporation, appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for respondent.

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

DYE, J.

These appeals, by our permission, involve claims for damages arising out of an alleged de facto appropriation of land for use in the reconstruction of a State highway known as U. S. Route 20, which runs in an easterly-westerly direction between the City of Auburn and the Village of Skaneateles. The subject properties are located on a highway east of Auburn. In the course of the work done in 1951...

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