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McARTHUR v. STATE

43 A.D.2d 652 (1973)

Ralph McArthur, Respondent, v. State of New York, Appellant. (Claim No. 46969.) Celia Wankoff, Respondent, v. State of New York, Appellant. (Claim No. 47038.) Bernard Wiess et al., as Executors of Alfred L. Geiler, Deceased, et al., Respondents, v. State of New York, Appellant. (Claim No. 47116.) Elizabeth M. Brown, Respondent, v. State of New York, Appellant. (Claim No. 47144.)

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

November 21, 1973

Claimants are property owners in Sullivan County whose lands abut New York State Route 17-B. In 1955 the State undertook reconstruction of the road and sought to appropriate a five-foot strip at the side of the existing road assuming that it was a three-rod road, and in fact paid some landowners on that basis. Actually the State held title to a six-rod width of highway as determined by this court when the State appealed an award to a similarly situated claimant (Frankfater...

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