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TOBIN PACKING v. PEOPLE

69 Misc.2d 323 (1972)

Tobin Packing Co., Inc., Plaintiff, v. The People of the State of New York, Defendant.

Supreme Court, Monroe County.

March 6, 1972

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Ruth B. Rosenberg of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Joseph T. Hopkins and Michael G. Wolfgang of counsel), for defendant.

MARSHALL E. LIVINGSTON, J.

This is an action to declare an appropriation of a 20-foot strip of plaintiff's land on August 15, 1969 by the defendant, pursuant to the Highway Law of the State of New York, void and of no effect. This nonjury case was tried before me in January, 1972.

On January 19, 1967 and on September 20, 1967, respectively, the State appropriated about two thirds of an acre of land from...

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