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TUCCI v. STATE

28 A.D.2d 961 (1967)

Armando Tucci et al., Respondents-Appellants, v. State of New York et al., Appellants-Respondents. (Claim No. 40955.)

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

August 25, 1967

Motion for reargument granted, without costs, and upon reargument the court adheres to its original decision, dated June 20, 1967 (28 A.D.2d 774). Even if we were to accept the fact that claimants owned to the middle of Grant Street and that therefore there was a direct appropriation, there was no evidence submitted by claimants establishing any direct damages and the mere fact of a direct taking...

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