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TIPPETTS-ABBETT, ETC. v. N. Y. S. THRU. AUTH.

38 Misc.2d 30 (1963)

Tippetts-Abbett-McCarthy-Stratton, Claimant, v. New York State Thruway Authority, Defendant. (Claim No. 34769.)

Court of Claims.

January 21, 1963

Attorney(s) appearing for the Case

Sylvester & Harris (Charles L. Sylvester and Albin M. Sylvester of counsel), for claimants. Gary M. Axenfeld for New York State Thruway Authority. Louis J. Lefkowitz, Attorney-General (Leonard H. Rubin of counsel), for State of New York.

ALEXANDER DEL GIORNO, J.

This claim was tried originally before the then Presiding Judge of this court who rendered judgment against the defendant. (27 Misc.2d 522.)

Defendant appealed from that judgment and, on the argument of the appeal, offered, for the first time, a letter attributed to claimant. The Appellate Division declined to receive or consider the exhibit because defendant did not demonstrate...

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