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CURREN v. STATE OF NEW YORK

27 A.D.2d 449 (1967)

Duane Curren et al., Respondents, v. State of New York, Appellant. (Claim No. 43398.)

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

May 22, 1967.

Attorney(s) appearing for the Case

Bertram A. Ziff (Everett C. Weiermiller of counsel), for respondents.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ., concur.

GIBSON, P. J.

The State appeals from a judgment of the Court of Claims which found a de facto appropriation of a portion of claimants' lands abutting State Highway 28 (Route 328) and accordingly adjudged that a parcel approximately nine feet in width and extending across the front of claimants' property "was effectively appropriated and taken by the State". The State contends that the parcel was within...

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