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ST. PATRICK'S CHURCH v. STATE OF N. Y.

30 A.D.2d 473 (1968)

St. Patrick's Church, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 46129.)

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

October 30, 1968.

Attorney(s) appearing for the Case

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

Herman S. Gottfried (John T. DeGraff and Margrethe R. Powers of counsel), for respondent-appellant.

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

GABRIELLI, J.

These are cross appeals from a judgment in favor of claimant, entered August 7, 1967, upon a decision of the Court of Claims.

In 1960 claimant purchased a 3.909-acre tract of land and it is undisputed that the acquisition was for the specific purpose of erecting a church, school, rectory and convent and that its then formulated plans also included the necessary recreational area for the...

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