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HEWITT v. STATE OF NEW YORK

33 Misc.2d 868 (1961)

Marguerite N. Hewitt et al., Claimants, v. State of New York, Defendant. (Claim No. 35792.) Marguerite N. Hewitt, Claimant, v. State of New York, Defendant. (Claim No. 37796.)

Court of Claims.

June 26, 1961

Attorney(s) appearing for the Case

Phelps, Gray, Mansour & Hewitt (Earl W. Brydges, John G. Dowd and Benjamin N. Hewitt of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (by James O. Moore, Jr., Special Assistant Attorney-General for State of New York) and Thomas F. Moore, Jr., Attorney for Power Authority of State of New York (by James O. Moore, Jr., of counsel), for defendant.

WILLIAM G. EASTON, J.

On March 25, 1958, for purposes connected with the Niagara Power Project in the Niagara Falls area, the State of New York, on behalf of its Power Authority, appropriated in fee 105.864 acres of claimants' lands. Prior to the taking, claimants' premises consisted of 107.889 acres. Claimants' remaining 2.025 acres were landlocked as result of the appropriation.

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