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DI BACCO v. STATE OF N. Y.

42 A.D.2d 364 (1973)

Custode Di Bacco et al., Doing Business as Di Bacco Brothers, Respondents, v. State of New York, Appellant. (Claim No. 49718.)

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

October 25, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Carl Rosenbloom and Ruth Kessler Toch of counsel), for appellant.

E. Michael Di Fabio (Leslie F. Couch of counsel), for respondents.

GREENBLOTT, COOKE, SWEENEY and KANE, JJ., concur.

STALEY, JR., J. P.

This is an appeal from orders of the Court of Claims, entered on November 4, 1970 and November 18, 1970, which denied a motion to dismiss the claim and a motion for reargument.

Commencing on June 22, 1966 and through June 28, 1966, the State entered upon the lands of the claimants for the purpose of making test borings in connection with the then proposed construction of the Riverfront...

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