VAN DUSEN v. STATE OF N. Y.


28 A.D.2d 211 (1967)

Richard Van Dusen et al., Respondents, v. State of New York, Appellant. (Claim No. 46863 — Motion No. M-9542.)

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

November 6, 1967.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

Herosa & Scott for respondents.

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


GABRIELLI, J.

This is an appeal from an order of the Court of Claims entered February 11, 1967, which vacated the State's demand for a bill of particulars. The claim in the amount of $55,000 is broken down into three categories, viz. $10,000 is sought for the appropriation of a right of way; $20,000 is sought for alleged damages created because the parcel, to which the right of way provided access, has been rendered useless; and $25,000 as consequential...

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