TERRACE HOTEL CO. v. STATE OF NEW YORK


19 N.Y.2d 526 (1967)

Terrace Hotel Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 39895.) Emanuel S. Bard et al., as Executors of Jonas Bardowitz, Deceased, Appellants, v. State of New York, Respondent. (Claim No. 40075.)

Court of Appeals of the State of New York.

Decided May 16, 1967.


Attorney(s) appearing for the Case

George H. Rosen for appellants.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Ruth Kessler Toch of counsel), for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.


Chief Judge FULD.

In each of these two appeals, an owner of property in Sullivan County — Bardowitz and Terrace — seeks damages against the State for its attempted appropriation of negative easements which would have barred billboards and advertising signs from the claimant's land abutting the Quickway (Route 17). The Superintendent of Public Works, acting on behalf of the State, actually filed...

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