DI BACCO v. STATE OF NEW YORK


53 A.D.2d 939 (1976)

Custode Di Bacco et al., Appellants, v. State of New York, Respondent. (Claim No. 49718.)

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

July 8, 1976


Claimant, Custode Di Bacco, was the owner in fee of 18.79 acres of land. The remaining claimants are her sons, who operated a truck farm on the property. On the dates in question, approximately 2.81 acres of the land were devoted to growing some 25,000 pepper plants. On June 22, 1966, State employees entered upon the land for the purpose of making test borings. The instant claim was brought seeking damages for the State's de facto appropriation of a temporary easement...

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