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WALKER v. STATE OF NEW YORK

33 N.Y.2d 450 (1974)

Clarence W. Walker et al., Respondents, v. State of New York, Appellant. (Claim No. 48896.) Endicott National Bank, as Executor of Raymond L. Winne, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 48897.)

Court of Appeals of the State of New York.

Decided March 27, 1974.

Attorney(s) appearing for the Case

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

Bruce O. Becker for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur.

STEVENS, J.

This appeal involves the meaning of the term "farm crossing". The issue is whether, as a matter of law, the Appellate Division erred when, in affirming an increment allowance, it decided that the "farm crossing" here involved can be expanded to include access for potential industrial use.

Claimants are the owners of two contiguous pieces of property, each bounded on the south by a former railroad...

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