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POLLAK v. STATE OF N.Y.

50 A.D.2d 201 (1975)

Henry A. Pollak, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 50931.) (Action No. 1.) Davis Construction Corporation, Appellant, v. State of New York, Respondent. (Claim No. 53297.) (Action No. 2.)

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

December 23, 1975

Attorney(s) appearing for the Case

Samuel Goldstein & Sons (Michael Goldstein of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for State of New York.

Koppel Sommer Lesnick & Martone, P. C. (Bernard Sommer of counsel), for respondent-appellant.

SWEENEY, J. P., KOREMAN and MAIN, JJ., concur; LARKIN, J., dissents and votes to affirm on the opinion of the Judge of the Court of Claims.

KANE, J.

Charlotte Street runs in a generally north-south direction through its intersection with tracks of the Long Island Rail Road in the Town of Oyster Bay, Nassau County. Abutting this street on its westerly side, as one approaches from the south, are adjoining lands of the County of Nassau, the claimant Davis Construction Corporation (hereinafter Davis) and the claimant Henry A. Pollak. Located closest...

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