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RICHARDS v. STATE OF N.Y.

29 A.D.2d 39 (1967)

John M. Richards, Individually and as Executor of David Richards, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 41381.)

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

December 7, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott and Ruth Kessler Toch of counsel), for appellant.

Hancock, Ryan, Shove & Hust (Stewart F. Hancock, Jr., of counsel), for respondent.

BASTOW, J. P., GOLDMAN, HENRY, DEL VECCHIO and MARSH, JJ., concur.

Per Curiam.

The State appropriated 12 separately described parcels of land owned by claimant on the north and south sides of East Genesee Street in the Town of DeWitt, Onondaga County. Seven of the parcels consisted of land lying in the bed of a creek to which claimant assigned no value. Thus, the trial court had for consideration the direct damage for the appropriation of five parcels (Nos. 117, 118, 121, 124 and...

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