LEEDS v. STATE


20 N.Y.2d 701 (1967)

Kenneth H. Leeds, Respondent, v. State of New York, Appellant. (Claim No. 39478.)

Court of Appeals of the State of New York.

Decided July 7, 1967.


Attorney(s) appearing for the Case

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

Erwin Greenberg for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and BERGAN concur in memorandum; Judge SCILEPPI dissents and votes to modify in an opinion in which Judges KEATING and BREITEL concur.


MEMORANDUM.

The order appealed from should be affirmed, with costs. The difficulty with the position taken by the dissenting Judges is that the entry upon claimant's land by the State was equivocal with respect to how much land or what property rights were being expropriated. Claimant was not in a position to prepare and file a claim without knowing whether the State was appropriating an easement or fee title or how much...

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