KAHN v. STATE OF NEW YORK


27 A.D.2d 476 (1967)

Charles L. Kahn et al., as Coexecutors of Walter T. Shirley, Deceased, Respondents, v. State of New York, Appellant. (Claim No. 38672.)

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

May 31, 1967.


Attorney(s) appearing for the Case

Elias M. Schwarzbart for respondents.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Emil Woldar of counsel), for appellant.

REYNOLDS, AULISI, STALEY, JR., and GABRIELLI, JJ., concur.


GIBSON, P. J.

Appeal is taken by the State from so much of a judgment of the Court of Claims as awarded damages predicated on the State's entry upon, and use of appropriated lands for a year prior to the vesting of title thereto in the State. The State does not contest the award made for the permanent appropriation and claimants have withdrawn their cross appeal.

Notices of appropriation of the lands...

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