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HOLSCHER v. STATE

59 A.D.2d 224 (1977)

Laura Holscher et al., Respondents, v. State of New York, Appellant. (Claim No. 58920-F.)

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

November 3, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley, Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

Rockwood, Edelstein & Shaw (William W. Owens of counsel), for respondents.

KANE, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

LARKIN, J.

Claimants instituted this suit to obtain compensation for flood damage sustained during September, 1974 to their property at 123 Dale Avenue, Ossining, New York. The property, occupied by claimants since 1957, is bounded on the east by Dale Avenue and on the north by a stream referred to at the trial as Stream No. 1, also known as Kill Brook. Dale Avenue was constructed by the Town of Ossining as a...

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