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GUPTILL HOLDING CORP. v. STATE OF N. Y.

23 A.D.2d 434 (1965)

Guptill Holding Corporation, Respondent, v. State of New York, Appellant. (Claim No. 36563.)

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

July 13, 1965.

Attorney(s) appearing for the Case

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

Carter & Conboy (James S. Carter, M. James Conboy and John W. Cebula of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

AULISI, J.

This is an appeal from a judgment of the Court of Claims for direct and consequential damages arising out of an appropriation of lands in the Town of Colonie, County of Albany, for purposes of the Northway.

In our decision on the first appeal of this case (20 A.D.2d 832) we noted that "the State would define the issue as the question: `May two contiguous...

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