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BERO v. STATE OF N. Y.

33 A.D.2d 88 (1969)

Margaret C. Bero et al., Respondents, v. State of New York, Appellant. (Claim No. 43523.)

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

November 25, 1969.

Attorney(s) appearing for the Case

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

James S. Fitzgerald for respondents.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and GREENBLOTT, JJ., concur.

COOKE, J.

This is an appeal from a judgment entered July 20, 1967, upon a decision of the Court of Claims, awarding $81,150 plus interest for direct and consequential damages resulting from a partial taking for highway purposes.

In constructing Interstate Route 81, the State appropriated a strip containing 11.932 acres and a .272-acre drainage easement covering lands belonging to claimants in Cortland...

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