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BARTLE v. STATE

51 A.D.2d 1080 (1976)

Margaret M. Bartle, Appellant, v. State of New York, Respondent. (Claim No. 54339.)

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

March 11, 1976

The Court of Claims properly dismissed the claim since there was no taking of claimant's property either actual or de facto (City of Buffalo v Clement Co., 28 N.Y.2d 241; Fisher v City of Syracuse, 46 A.D.2d 216). There is present no assertion of physical invasion or direct legal restraint by the State of the property's use, and thus claimant is not entitled to be compensated for...

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