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NOVICKIS v. STATE OF N. Y.

44 A.D.2d 508 (1974)

Teobalds Novickis et al., Appellants, v. State of New York, Respondent. (Claim No. 51311.)

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

May 23, 1974.

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (William L. Allen, Jr., of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for respondent.

WITMER, J. P., MOULE, CARDAMONE and MAHONEY, JJ., concur.

GOLDMAN, J.

Claimants appeal from a judgment of the Court of Claims in the amount of $40,896.40 for damages for the appropriation of 12.323 acres of their parcel of 69.807 acres situated on the north side of Route 31 in the Town of Clay. A new trial is sought by claimants on the ground that prejudicial error was committed by the court by receipt in evidence of a map, designated Exhibit "C", which depicted the...

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