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BRUMMER v. STATE OF NEW YORK

25 A.D.2d 245 (1966)

Henry P. Brummer et al., Respondents, v. State of New York, Appellant. (Claim No. 40246.)

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

March 31, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley of counsel), for appellant.

Moriarty & Swanz (Jeremiah J. Moriarty of counsel), for respondents.

BASTOW, GOLDMAN, DEL VECCHIO and MARSH, JJ., concur.

WILLIAMS, P. J.

The State has appealed from an award to the claimants for the appropriation of lands. The amount awarded was based solely upon an agreement executed by the parties pursuant to the terms of subdivision 13 of section 30 of the Highway Law.

The pertinent portion of such subdivision is: "Claims for the value of the property appropriated and for legal damages caused by any such appropriation...

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