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ARBORIO, INC. v. STATE OF N. Y.

27 A.D.2d 388 (1967)

John Arborio, Inc., Appellant, v. State of New York, Respondent. (Claim No. 40759.)

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

May 15, 1967.

Attorney(s) appearing for the Case

Quartararo & Quartararo (Susanna E. Bedell of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Seth Towse of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, STALEY, JR., and GABRIELLI, JJ., concur in opinion per GABRIELLI, J.

GABRIELLI, J.

This is an appeal from a judgment and order of the Court of Claims, in an appropriation case, on the ground of inadequacy, and from an order denying a motion to reopen on the ground of newly discovered evidence.

Claimant purchased a parcel of land containing 47.8 acres of land on January 9, 1953. This property known as the Old Kirchner Pit was, at the time of the appropriation, bounded on...

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