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KRAVEC v. STATE OF NEW YORK

40 N.Y.2d 1060 (1976)

Jessica Kravec et al., as Coexecutors and Cotrustees of Stephen Kravec, Deceased, Appellants, v. State of New York, Respondent. (Claim No. 53007.)

Court of Appeals of the State of New York.

Decided December 28, 1976.

Attorney(s) appearing for the Case

Bernard Samuels and Eric M. Alderman for appellants.

Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to the Court of Claims for the purpose of fixing damages in accordance with this memorandum.

The State of New York appropriated a permanent easement 21 feet wide over claimants' property "for the purpose of constructing, reconstructing and maintaining thereon a drainage ditch, drainage structures and appurtenances". The easement...

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