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SPARKS v. STATE OF N.Y.

48 A.D.2d 236 (1975)

Donald L. Sparks, Individually and as Administrator of The Estate of Arlene I. Sparks, Deceased, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 44929.)

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

May 30, 1975

Attorney(s) appearing for the Case

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

Congdon, Congdon & Perreault (Benjamin C. Perreault of counsel), for respondent-appellant.

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

MOULE, J.

The State of New York appeals and claimants cross-appeal from a judgment of the Court of Claims, which awarded claimants $47,620, with interest, constituting a total sum of $73,218.40, as direct damages for the appropriation of their farm property in Cattaraugus County. This case was before us on a previous occasion at which time we decided the questions of...

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