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CLARK v. STATE OF NEW YORK

35 Misc.2d 577 (1962)

Ernest L. Clark, Claimant, v. State of New York, Defendant. (Claim No. 37203.) Frank P. Thom et al., Claimants, v. State of New York, Defendant. (Claim No. 37940.) First National City Trust Company, as Trustee for John J. Astor and Others, Claimant, v. State of New York, Defendant. (Claim No. 37993.)

Court of Claims.

July 6, 1962

Attorney(s) appearing for the Case

Francis Preston and Louis Young for Ernest L. Clark, claimant. Melvin & Melvin (Louis Young of counsel), for Frank P. Thom and another, and for First National City Trust Company, as trustee, claimants. Louis J. Lefkowitz, Attorney-General (by Edward D. Siemer, Special Assistant Attorney-General for State of New York) and Thomas F. Moore, Jr., Attorney for Power Authority of State of New York (by Edward D. Siemer of counsel), for defendant.

RICHARD S. HELLER, J.

The above-entitled actions were tried before this court without a jury and were to be considered so-called test cases on the Tie Line of the State Power Authority which runs from Niagara Falls to just west of Utica.

These three cases were chosen as representing three different types of property, i.e., Clark, farm property; Thom, residential subdivision property; and First National...

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