Jessica Kravec et al., as Coexecutors and Cotrustees of Stephen Kravec, Deceased, Appellants-Respondents,
v.
State of New York, Respondent-Appellant. (Claim No. 53007.)
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
April 15, 1976
April 15, 1976
Attorney(s) appearing for the Case
Alderman, Alderman, Samuels & Schepp (Bernard Samuels of counsel), for appellants-respondents.
Louis J. Lefkowitz, Attorney-General (Dennis Hurley and Ruth Kessler Toch of counsel), for respondent-appellant.
MOULE, J. P., and SIMONS, J., concur with DILLON, J.; CARDAMONE and WITMER, JJ., dissent and vote to reverse judgment and remit case to Court of Claims for purpose of ascertaining damages in accordance with opinion by CARDAMONE, J.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
DILLON, J.
In 1968 the State of New York appropriated a permanent drainage easement over claimants' vacant, irregularly shaped lands consisting of 15.090 ± acres in the Town of DeWitt, Onondaga County. The easement traversed the southeasterly portion of the property and was 21 feet wide and 537 feet long. The easement reads in part: "A permanent easement to be exercised in, on and over the property above...
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