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WELBILT CORP. v. STATE OF N. Y.

80 Misc.2d 439 (1975)

Welbilt Corporation, Claimant, v. State of New York, Defendant. (Claim No. 52203.)

Court of Claims.

January 22, 1975

Attorney(s) appearing for the Case

Golenbock & Barell (Arthur C. Silverman and Richard M. Resnik of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (John F. Dyer and Stephen P. Sims of counsel), for defendant.

ROBERT J. MANGUM, J.

This claim seeks recovery for property damages allegedly occurring as a result of the construction of the Flushing-Maspeth Grade Crossing Elimination Project (P. S. C. No. 11626). A notice of intention was filed on March 8, 1968 and the claim, on March 6, 1970. Trial was commenced April 22, 1974.

In a decision dated June 6, 1973, in which interest was suspended on any award from April 30, 1973 to the first day of

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