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DURSO v. STATE

36 A.D.2d 774 (1971)

Harry A. Durso, Appellant, v. State of New York, Respondent. (Claim No. 41154.)

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

March 3, 1971

The sole issue raised on this appeal (see 28 A.D.2d 803, for a previous appeal in this case) is the amount of damages awarded for the appropriation of appellant's sewer system, which is before us for the second time. Prior to the taking appellant's restaurant was serviced by a gravity type sewage system. The State changed the location of Route 23 and new Route 23 now is located to the rear of the...

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