TESSIER v. STATE OF N. Y.


36 A.D.2d 404 (1971)

Eleanor M. Tessier, Respondent, v. State of New York, Appellant. (Claim No. 48718-A.)

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

May 18, 1971.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard L. McHale and Ruth Kessler Toch of counsel), for appellant.

Flower & Plotka (Edward Flower of counsel), for respondent.

HERLIHY, P. J., REYNOLDS, SWEENEY and SIMONS, JJ., concur.


STALEY, JR., J.

This is an appeal by the State from a judgment of the Court of Claims, entered June 4, 1970, awarding $26,312 for the appropriation of certain lands for highway purposes.

On February 16, 1965, the State appropriated two parcels of land in the Town of Islip, New York, owned by respondent. Appellant raises no objection to the award for parcel 165 which contained only 472 square feet. Parcel 166 had 127 feet of frontage on Sunrise...

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