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240 SCOTT, INC. v. STATE OF NEW YORK

18 N.Y.2d 299 (1966)

240 Scott, Inc., Respondent, v. State of New York, Appellant. (Claim No. 37065.)

Court of Appeals of the State of New York.

Decided October 20, 1966.

Attorney(s) appearing for the Case

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

Vincent A. O'Neil and Jacob Benderson for respondent.

Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING concur.

VAN VOORHIS, J.

Claimant owns a warehouse at the intersection of Chicago and Scott Streets in the City of Buffalo. The level of Chicago Street had been raised by a viaduct constructed in accordance with plans filed in the City Engineer's office in the years 1897, 1898 and 1914. It was level with the second story of claimant's building, to which it furnished access by means of an aerial ramp. This viaduct has...

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