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MAGARI v. STATE OF N. Y.

45 A.D.2d 539 (1974)

Frank Magari, Appellant, v. State of New York, Respondent. (Claim No. 53272; Appeal No. 1.) Concetta Cali, Appellant, v. State of New York, Respondent. (Claim No. 53268; Appeal No. 2.) Giovanni Cali, Appellant, v. State of New York, Respondent. (Claim No. 53485; Appeal No. 3.) Joseph Nicotra et al., as Coexecutors of Sam Nicotra, Deceased, Also Known as Sam Necotra, Appellants, v. State of New York, Respondent. (Claim No. 53270; Appeal No. 4.)

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

October 24, 1974.

Attorney(s) appearing for the Case

Langan, Grossman, Kinney & Dwyer (Hancock, Estabrook, Ryan, Shove & Hust, by William L. Allen, Jr., of counsel), for Frank Magari and others, appellants.

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

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

DEL VECCHIO, J.

Claimants appeal from a dismissal of their claims for consequential damages allegedly sustained as a result of the State's appropriation in August, 1961 of property in the City of Syracuse owned by the New York Central Railroad.

Claimants' lands, which were south of the railroad, consisted of muckland; they had been used for truck farming for many years and continued to be so used until...

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