HEWITT v. STATE OF NEW YORK


20 A.D.2d 334 (1964)

Benjamin N. Hewitt et al., as Administrators of The Estate of James K. Glennie, Respondents, v. State of New York et al., Appellants. (Claim No. 36368.) Nathan D. Scott et al., Respondents, v. State of New York et al., Appellants. (Claim No. 36374.) Nathan D. Scott et al., Respondents, v. State of New York et al., Appellants. (Claim No. 36375.) Assunto Cologgi, as Executrix of Joseph Cologgi, Deceased, et al., Respondents, v. State of New York et al., Appellants. (Claim No. 36421.) James T. Sandonato, Respondent, v. State of New York et al., Appellants. (Claim No. 37401.) Anna M. Rotella et al., Respondents, v. State of New York et al., Appellants. (Claim No. 36197.)

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

February 20, 1964.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas F. Moore, Jr., and Julius L. Sackman of counsel), for State of New York, appellant.

Thomas F. Moore, Jr., James O. Moore, Jr., and Lewis R. Bennett for Power Authority of State of New York, appellant.

Phelps, Gray, Mansour & Hewitt (Salem G. Mansour and Benjamin N. Hewitt of counsel), for respondents in Claim No. 36368.

Runals, Broderick, Shoemaker, Mathias & Rickert (John E. Runals of counsel), for respondents in Claims Nos. 36374 and 36375.

A. Russell Leone for respondents in Claims Nos. 36421 and 37401.

A. Russell Leone (John G. Dowd of counsel), for respondents in Claim No. 36197.

WILLIAMS, P. J., BASTOW, GOLDMAN, HENRY and NOONAN, JJ., concur.


Per Curiam.

The judgments in these five actions were entered following awards made upon six claims as the result of appropriations by appellants of lands in Niagara County for use by the Power Authority for the purposes of the Niagara Power Project. The State and the Power Authority appeal from the judgment in each action.

These several claims were decided prior to our decision in Hewitt v. State of New...

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