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WALKER v. STATE OF N. Y.

40 A.D.2d 63 (1972)

Clarence W. Walker et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 48896.) Endicott National Bank, as Executor of Raymond L. Winne, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 48897.)

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

November 16, 1972.

Attorney(s) appearing for the Case

Becker, Card, Levy & Richards, P. C. (Bruce O. Becker of counsel), for respondents-appellants.

Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for appellant-respondent.

STALEY, JR., GREENBLOTT and SIMONS, JJ., concur with REYNOLDS, J.; HERLIHY, P. J., concurs in a separate opinion.

REYNOLDS, J.

These are cross appeals from judgments of the Court of Claims awarding respondents Walker and Terry $20,050, plus interest, and the respondent Endicott National Bank, as executor of the last will and testament of Raymond L. Winne, $85,675, plus interest, for the taking of certain properties located in the Town of Vestal, Tioga County, New York.

The issue which the State raises in its brief...

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