REIFKE v. STATE OF N. Y.


31 A.D.2d 67 (1968)

Otto Reifke, Appellant, v. State of New York, Respondent. (Claim No. 42917.) Virginia M. Donahue et al., Appellants, v. State of New York, Respondent. (Claim No. 42901.)

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

December 5, 1968.


Attorney(s) appearing for the Case

L. H. and R. S. Amdursky (Robert S. Amdursky of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for respondent.

DEL VECCHIO, MARSH, WITMER and HENRY, JJ., concur.


GOLDMAN, J. P.

Claimants assert that their properties were damaged by a highway change of grade and that the State is liable under subdivision 15 of section 30 of the Highway Law. The trial court dismissed the claims after trial and it is from the denial of motions to set aside the dismissals that claimants appeal. The claims were dismissed upon the ground that "The filing of such claim before the acceptance of the final estimate of the completed...

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