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McMILLAN v. STATE OF NEW YORK

26 Misc.2d 396 (1961)

David H. McMillan et al., Claimants, v. State of New York, Defendant. (Claim No. 35126.)

Court of Claims.

January 13, 1961

Attorney(s) appearing for the Case

Bleakley, Platt, Gilchrist & Walker (John Marbach of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (John F. Dyer of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

The claimants herein owned a plot of land upon which claimant, David H. McMillan, a bricklayer, had built a substantial two-story house. On November 19, 1928, for a consideration of $18,420.40, the claimants entered into a contract of sale with the County of Westchester, acting by the Westchester County Park Commission, as vendee, whereby, in lieu of condemnation, they agreed to sell...

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