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DENNISON v. STATE OF NEW YORK

22 N.Y.2d 409 (1968)

Ira Dennison et al., Respondents, v. State of New York, Appellant. (Claim No. 42368.)

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

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

Edwin L. Marion, Jr. for respondents.

Judges BURKE and JASEN concur with Judge KEATING; Chief Judge FULD concurs in a separate opinion; Judge BERGAN dissents and votes to reverse in an opinion in which Judges SCILEPPI and BREITEL concur.

KEATING, J.

Like most programs undertaken in the name of Twentieth Century progress, the massive public highway construction launched in recent years has produced its share of problems and inconveniences. Of particular concern has been the damage done to the quiet beauty of many once remote and inaccessible areas, as well as the intrusion of the seemingly endless line...

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