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WEINER v. STATE OF N.Y.

48 A.D.2d 440 (1975)

Reuben Weiner, as Executor of Nathan Weiner, Deceased, et al., Respondents, v. State of New York, Appellant. (Claim No. 49940.)

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

June 26, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs and Ruth Kessler Toch of counsel), for appellant.

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

SWEENEY, KANE and MAIN, JJ., concur; HERLIHY, P. J., dissents and votes to affirm.

LARKIN, J.

In order to carry out a flood control project, the State appropriated permanent and temporary easements across each of two noncontiguous parcels of land owned by claimants. Both parcels are in Ithaca, one located along Elmira Road and the other on Floral Avenue. On this appeal, the State contests an award of 20% consequential damages to the remaining acreage on the Elmira Road property, contending...

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