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VEDDER v. STATE

30 A.D.2d 987 (1968)

Mary F. Vedder, Individually and as Executrix of Henry M. Vedder, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 45512.)

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

October 17, 1968

REYNOLDS, J.

The State does not dispute the amount of the award but only so much of the judgment as provided "that if County Road No. 47 should be abandoned later as a result of the appropriation, permission is granted to the claimant to file another claim for any damages resulting therefrom, if she be so advised". While construction of new Route 23, for which the appropriation involved was made, required the relocation of County Road No. 47 to a point...

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