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COOK v. STATE OF NEW YORK

26 Misc.2d 1 (1961)

Bert Cook et al., Claimants, v. State of New York, Defendant. (Claim No. 35064.) William J. Kane et al., Claimants, v. State of New York, Defendant. (Claim No. 35069.)

Court of Claims.

January 6, 1961

Attorney(s) appearing for the Case

Chernin & Gold (Israel Margolis of counsel), for Bert Cook and another, claimants. De Witt & Schneeberg for William J. Kane and another, claimants. Louis J. Lefkowitz, Attorney-General (Louis A. Di Donna of counsel), for defendant.

RICHARD S. HELLER, J.

Each of these claims seeks recovery for damages to real and personal property. Each of the claimants owned property located on Castle Creek Road which is also known as State Route No. 11, lying south of a bridge carrying Route No. 11 over Castle Creek. Each of the claimants respectively alleges that their real and personal property "was damaged by water and debris as a result of said Creek [Castle Creek] breaching a concrete dike...

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