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BRONXVILLE PALMER v. STATE OF NEW YORK

18 N.Y.2d 560 (1966)

Bronxville Palmer, Ltd., Appellant, v. State of New York et al., Respondents. (Claim Nos. 37145, 37146, 38219, 38220.)

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Herbert Plaut for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondents.

Chief Judge DESMOND and Judges BURKE, SCILEPPI and KEATING concur with Judge BERGAN, Judge KEATING in a separate opinion; Judge VAN VOORHIS dissents and votes to reverse in an opinion in which Judge FULD concurs.

BERGAN, J.

Claimant is the owner of an apartment building in Yonkers. Its claims against the State, so far as relevant to this appeal, are based on purported trespass on claimant's land in the construction of the Sprain Brook Parkway in Westchester County.

It is alleged that in the course of laying out the road piles were physically driven into claimant's land beyond the State's right of way; and that...

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