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CROWELL v. STATE OF NEW YORK

18 A.D.2d 7 (1963)

Harold Crowell et al., Respondents, v. State of New York, Appellant. (Claim No. 35980.)

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

February 21, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for appellant.

Murphy, Rauch & Murphy (Dwight J. Huffman of counsel), for respondents.

WILLIAMS, P. J., BASTOW, HALPERN, McCLUSKY and HENRY, JJ., concur.

Per Curiam.

The Court of Claims made an award in this case of $250 for the alleged taking of a fee in the highway on which the claimants' premises abutted and an award of $6,040 for "the deteriorating effect of the removal" of shade trees in the highway.

The Court of Claims was in error in assuming that the State had appropriated a fee. The appropriation was only of a highway easement, which is exactly what the...

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