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COOK v. STATE

20 A.D.2d 585 (1963)

Bert Cook et al., Appellants, v. State of New York, Respondent. (Claim No. 35064.) William J. Kane et al., Appellants, v. State of New York, Respondent. (Claim No. 35069.)

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

December 19, 1963

Claimants are the owners of land on each side of State Highway Route 11 in Broome County damaged by flood waters from Castle Creek following a heavy storm October 30, 1955. The claims are based on the theory that changes made by the State in 1927 in one bank of the stream were responsible for the damage to their property. The Court of Claims dismissed both claims after a trial (26 Misc.2d 1). The highway in the area runs north and south...

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