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NEW ROCHELLE WATER CO. v. STATE OF N. Y.

10 N.Y.2d 287 (1961)

New Rochelle Water Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 33578.)

Court of Appeals of the State of New York.

Decided October 19, 1961.

Attorney(s) appearing for the Case

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

Sperry Butler for respondent-appellant.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and VAN VOORHIS concur; Judge FOSTER taking no part.

BURKE, J.

The prime question presented is whether the State of New York in the performance of a sovereign pursuit is liable for the appropriation of facilities of a utility company which lay in public rights of way.

This action consists of two claims brought by a private water company against the State of New York, one for the appropriation of interests in land and other property, and the second for breach...

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