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TOMPKINS v. STATE OF NEW YORK

33 Misc.2d 828 (1962)

Burdette R. Tompkins et al., Claimants, v. State of New York, Defendant. (Claim No. 34193.)

Court of Claims.

April 30, 1962

Attorney(s) appearing for the Case

De Graff, Foy, Conway & Holt-Harris (Carroll Mealey of counsel), for claimants. Louis J. Lefkowitz, Attorney-General (Charles S. Webb and Richard Abend of counsel), for defendant.

MELVIN H. OSTERMAN, J.

This is a claim against the State of New York for damages sustained by the claimants as a result of the alleged creation of a nuisance and negligence of the defendant.

In 1953, the State reconstructed a portion of State Highway No. 5499 which is located in the Town of Bethlehem, Albany County. As a result of this reconstruction, a section of the old road, 16 feet wide, was joined...

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