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KENYON v. STATE

28 A.D.2d 1182 (1967)

Edward H. Kenyon et al., Respondents, v. State of New York, Appellant. (Claim No. 42312.) Lelan Brookins et al., Respondents, v. State of New York, Appellant. (Claim No. 42320.) William H. May et al., Respondents, v. State of New York, Appellant. (Claim No. 42325.)

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

November 22, 1967

GABRIELLI, J.

The State contends that the parcels in question were within the boundaries of the existing highway and that the widening of the road did not result in the taking of any lands of the claimants. The record shows that the title to claimants' lands extended to the center of the highway and that the highway in front of claimants' lands had been maintained at a width of three rods. The State attempts to establish a four-rod width claiming that...

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