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WILMOT v. STATE OF NEW YORK

32 N.Y.2d 164 (1973)

James P. Wilmot, Sr. et al., Respondents, v. State of New York, Appellant. (Claims Nos. 49084, 51429.)

Court of Appeals of the State of New York.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for appellant.

Arthur S. Chatman for respondents.

Chief Judge FULD and Judges BURKE and WACHTLER concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion; Judges BREITEL and GABRIELLI taking no part.

JONES, J.

We affirm the order of the Appellate Division which sustained the award made by the Court of Claims.

In 1958, claimants purchased some 49 acres of land in the Town of Henrietta, just south of the City of Rochester, for development as a regional shopping center. In 1967 they learned that the projected route of the Genesee Expressway would go through their property and that the State contemplated...

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