ALLEY v. STATE


28 A.D.2d 1147 (1967)

James B. Alley, Appellant, v. State of New York, Respondent. (Claim Nos. 40755, 41132.)

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

November 3, 1967


REYNOLDS, J.

In 1959 the State appropriated approximately an acre across the entire frontage of claimant's property. Included in the appropriation were the main house, a portion of the access driveway and a pond into which surface water on claimant's property drained. In a separate action tried in 1964 claimant was awarded $99,945 for direct and consequential damages for this appropriation. After the appropriation the State proceeded to raise the grade...

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