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PALMER, LTD. v. STATE OF N. Y.

33 A.D.2d 412 (1970)

Bronxville Palmer, Ltd., Appellant, v. State of New York et al., Respondents. (Claim No. 38321.) Smith-Cairns Motor Sales Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 39036.) Edward B. Kirk, Doing Business as Nebko Press, Appellant, v. State of New York, Respondent. (Claim No. 39037.) Bronxville Printery Corporation, Appellant, v. State of New York, Respondent. (Claim No. 39038.) Thorn's Transfer, Inc., Appellant, v. State of New York, Respondent. (Claim No. 39042.)

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

March 25, 1970.

Attorney(s) appearing for the Case

Scribner & Miller (Herbert Plaut of counsel), for Bronxville Palmer, Ltd., appellant.

Herbert Kaufman for Smith-Cairns Motor Sales Co., Inc. and others, appellants.

Louis J. Lefkowitz, Attorney-General (Peter J. Dooley, Jr., and Ruth Kessler Toch of counsel), for respondents.

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

HERLIHY, P. J.

These are appeals from judgments entered January 10, 1969 upon a decision of the Court of Claims, which dismissed the claims.

These are claims for property damage due to the flooding of the Bronx River and Sprain Brook which occurred during the construction by the State of the New Sprain Brook Parkway in and near the Village of Bronxville in Westchester County. Bronxville Palmer's property...

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