BOUTON v. STATE


47 A.D.2d 677 (1975)

Tracy L. Bouton et al., Appellants, v. State of New York, Respondent. (Claim Nos. 47315, 48363.)

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

February 6, 1975


Claimants have apparently abandoned the appeal from the October 24, 1968 judgment and, in view of our disposition of the appeal from the March 13, 1969 judgment, any issue concerning the denial of claimants' motion to reopen the trial due to newly acquired evidence has become moot. The issue then is solely whether an award for appropriated land accessible only by a railroad "farm crossing" constructed pursuant to section 52 of the Railroad Law can be based on its actual use...

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