CROSS v. STATE OF N. Y.


36 A.D.2d 361 (1971)

G. Earl Cross et al., Respondents, v. State of New York, Appellant. (Claim No. 47897.)

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

April 27, 1971.


Attorney(s) appearing for the Case

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

William R. La Flure for respondents.

GREENBLOTT, COOKE and SIMONS, JJ., concur with REYNOLDS, J.; HERLIHY, P. J., concurs in result in a separate opinion, in which GREENBLOTT, COOKE and SIMONS, JJ., concur.


REYNOLDS, J.

The State appeals from a judgment awarding respondents $21,263, and interest, as direct and consequential damage for the appropriation for highway purposes of some 46.5 acres of timberland in the Town of Lewis, Essex County.

Respondents, the owners of approximately 800 acres located east of U. S. Route 9 in the Town of Lewis, had their property bisected in a north-south direction by the State...

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