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SELIG v. STATE OF NEW YORK

10 N.Y.2d 34 (1961)

Martha Selig, Respondent, v. State of New York, Appellant. (Claim No. 34263.)

Court of Appeals of the State of New York.

Decided May 25, 1961.

Attorney(s) appearing for the Case

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

Ulysses S. Adler, Alan B. Adler and Frederick J. Adler for respondent.

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

FROESSEL, J.

The Court of Claims has awarded claimant $40,000 with interest in full settlement of her claim for alleged damages to her real property, as a result of the construction in the center of former Central Park Avenue, Yonkers, of a portion of the New York Thruway. The Appellate Division has unanimously affirmed.

Claimant's property, consisting of approximately...

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