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FONDA, JOHNSTOWN R. R. v. STATE OF N. Y.

29 A.D.2d 240 (1968)

Fonda, Johnstown and Gloversville Railroad Company, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 44354.)

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

February 16, 1968.

Attorney(s) appearing for the Case

Maider, Smith & Maider (Lydon F. Maider of counsel), for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent-appellant.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

STALEY, JR., J.

These are cross appeals from a judgment in favor of claimant entered September 12, 1966 upon a decision of the Court of Claims in an appropriation case.

The property appropriated was a portion of the former right of way of an electric railway owned by the claimant. The railroad commenced operations in 1902, and discontinued its operations in April, 1938. Thereafter, the tracks, poles and...

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