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TERRACE HOTEL CO. v. STATE OF N. Y.

26 A.D.2d 23 (1966)

Terrace Hotel Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 39895.) Emanuel S. Bard et al., as Executors of Jonas Bardowitz, Deceased, Appellants, v. State of New York, Respondent. (Claim No. 40075.)

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

May 26, 1966.

Attorney(s) appearing for the Case

Rosen & Rosen (George H. Rosen of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, J.

In 1958 and 1959 the State of New York purported to appropriate permanent easements under section 30 of the Highway Law to prohibit the erection of billboards or other outdoor advertising displays on premises owned by appellants and which abutted Route 17 in Sullivan County. Claimants duly filed damage claims arising from the attempted appropriations. Following the decision of the Court of Appeals...

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