QUAYLE v. STATE OF NEW YORK


41 Misc.2d 137 (1963)

Harry Quayle et al., Claimants, v. State of New York, Defendant. (Claim No. 40337.)

Court of Claims.

September 3, 1963


Attorney(s) appearing for the Case

John R. Davison and Anthony J. Fernicola for claimants. Louis J. Lefkowitz, Attorney-General (Joseph A. Cutro of counsel), for defendant.


JOHN P. GUALTIERI, J.

This is a claim for damages to claimants' property arising out of the overflow of Fulmer Creek in the Village of Mohawk, Herkimer County, in January, 1962.

Fulmer Creek in said village is crossed by a bridge having two 34-foot spans with a center pier or abutment separating the two spans. It flows from south to north and empties into the Barge Canal approximately three fourths of a mile to the north of the bridge.

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