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OTIS ELEVATOR v. STATE OF N.Y.

52 A.D.2d 380 (1976)

Otis Elevator Company, Respondent, v. State of New York, Appellant. (Claim No. 54929.)

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

June 3, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for appellant.

McClung, Peters & Simon (Philip S. Arensberg of counsel), for respondent.

KOREMAN, P. J., MAIN, HERLIHY and REYNOLDS, JJ., concur.

GREENBLOTT, J.

Claimant is the owner of premises in the City of Albany which, during the period from October 1, 1963 through May 31, 1967, were occupied by the State through the Department of Health as a tenant. On or about February 11, 1970, claimant was advised orally by representatives of the State that during the period of the State's occupancy, the premises had become radioactively contaminated. This notice...

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