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MURPHY v. STATE OF N. Y.

29 A.D.2d 81 (1967)

Walter J. Murphy, Appellant, v. State of New York, Respondent. (Claim No. 42693.)

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

December 27, 1967.

Attorney(s) appearing for the Case

Parmerton & Mountford (Lewis B. Parmerton of counsel), for appellant.

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

HERLIHY, J. P., REYNOLDS, AULISI and STALEY, JR., JJ., concur.

GABRIELLI, J.

The claimant appeals, on the ground of inadequacy, from a judgment of the Court of Claims awarding damages for a partial taking of lands in connection with the widening of Route 38 in Tioga County.

For the taking of some three tenths of an acre of land the Court of Claims awarded the appellant $15,585, of which $725 was found to be direct damages and $14,860 for consequential damages. The...

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