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ARLEN OF NANUET v. STATE OF N. Y.

31 A.D.2d 221 (1968)

Arlen of Nanuet, Inc., et al., Respondents, v. State of New York, Appellant. (Claim No. 39972.) Bernard S. Siegel et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 40099.)

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

December 31, 1968.

Attorney(s) appearing for the Case

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

David Marcus and William S. Gray for Bernard S. Siegel, respondent-appellant.

Skinner & Bermant, Leddy & Raber (Bernard L. Bermant and Carl J. Moskowitz of counsel), for Arlen of Nanuet, Inc., respondent.

STALEY, JR., and GABRIELLI, JJ., concur with AULISI, J.; HERLIHY, J. P., concurs in part and dissents in part, in an opinion; REYNOLDS, J., dissents, in an opinion.

AULISI, J.

These are appeals, as limited by the briefs from judgments in favor of claimants, entered September 15, 1966, upon a decision of the Court of Claims. An order directing a joint trial of the claims was affirmed on a previous appeal. (22 A.D.2d 722.)

Since the facts have been fully detailed in the reported decision of the Court of Claims (Arlen of Nanuet...

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