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COONEY BROS. v. STATE OF NEW YORK

24 N.Y.2d 387 (1969)

Cooney Brothers, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 42437.)

Court of Appeals of the State of New York.

Decided April 16, 1969.

Attorney(s) appearing for the Case

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

John T. DeGraff, Herman E. Gottfried and Margrethe R. Powers for respondent-appellant.

Bernard L. Bermant, amicus curiæ.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge JASEN dissents in part and votes to modify on the dissenting opinion at the Appellate Division.

KEATING, J.

Cooney Brothers, Inc. (hereinafter Cooney), a gravel manufacturer, leased two adjacent parcels of land upon which it installed heavy equipment and engaged in the production of sand and gravel until the State, pursuant to section 30 of the Highway Law, appropriated approximately 26 acres from one of the leased parcels to construct an intrastate artery. As a result of this taking the claimant could...

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