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MUSUMECI v. STATE OF N. Y.

43 A.D.2d 288 (1974)

Rosario Musumeci et al., Respondents, v. State of New York, Appellant. (Claim No. 51310.) Charles C. Crisafulli et al., Respondents, v. State of New York, Appellant. (Claim No. 51330.) Anthony Caltabiano et al., Respondents, v. State of New York, Appellant. (Claim No. 51360.)

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

January 17, 1974.

Attorney(s) appearing for the Case

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

Richard C. Mitchell for respondents.

GOLDMAN, P. J., MARSH, WITMER and SIMONS, JJ., concur.

CARDAMONE, J.

During the months of May and June, 1969 claimants' muck farms located to the east of the City of Fulton in the Town of Volney, Oswego County, were flooded due to a surcharge of diffused surface waters into the flow of Waterhouse Creek, which drained the three farms in question. The claimants alleged that the flooding was caused by the State's relocation of Route 57 (now Highway 481) between Fulton...

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