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LEWISTON v. STATE

17 A.D.2d 912 (1962)

Robert R. Lewiston et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 35859.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 26, 1962

Appeals held and matter remitted to the Court of Claims for further proceedings in accordance with the memorandum.

Memorandum:

The State appeals from a judgment of award of the Court of Claims and an order refusing to vacate it on the ground that the State is vulnerable to double payment for subtenents' interest in the leasehold and trade fixtures. The claimants, owners of the fee, cross-appeal on the ground that the award is inadequate. We find no merit to...

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