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DU BOIS v. STATE

54 A.D.2d 782 (1976)

Iris Du Bois, Respondent, v. State of New York, Appellant. (Claim No. 54892.)

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

October 21, 1976

In 1972 the State appropriated in fee a small strip at the rear of claimant's residential property in order to widen Midland Avenue in the City of Yonkers. Although the taking ran along claimant's northerly boundary for its entire 20-foot width, it only extended to a depth of 5.9 feet on the westerly sideline and 7.7 feet on the easterly side. The appropriated area sloped downward toward Midland Avenue and contained several shrubs...

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