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ROSE v. STATE OF NEW YORK

24 N.Y.2d 80 (1969)

Walter C. Rose, Respondent, v. State of New York, Appellant. (Claim No. 44349.) (And Another Claim.)

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

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

Maxwell B. Spoont for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge JASEN dissents and votes to reverse and grant a new trial.

KEATING, J.

Walter C. Rose is the owner of approximately 20 acres of land in the Town of Chenango, Broome County. Two corporations, of which Rose is the sole stockholder, leased this property. Binghamton Sand & Crushed Stone Corporation (hereinafter Binghamton) processed and sold gravel, sand and stone and McIntosh Ready Mix Concrete Corporation (hereinafter McIntosh...

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