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WILLIAMS v. STATE OF N. Y.

34 A.D.2d 101 (1970)

Clara Williams et al., Appellants, v. State of New York, Respondent. (Claim No. 45626.)

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

April 13, 1970.

Attorney(s) appearing for the Case

Sandoe, Hopgood & Calimafde (Paul H. Blaustein of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Richard A. Foster and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, COOKE, and SWEENEY, JJ., concur with STALEY, JR., J.; HERLIHY, P. J., dissents and votes to affirm, in an opinion.

STALEY, JR., J.

This is an appeal from a judgment in favor of respondent, entered September 23, 1968, upon a decision of the Court of Claims.

The claim was brought to recover damages allegedly sustained by the claimants to their real property located on the easterly side of North Washington Street in the Village of Athens, County of Greene, as the result of the reconstruction in 1958-59 of State Highway...

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