SESSA v. STATE


63 A.D.2d 334 (1978)

Leonard Sessa et al., Appellants, v. State of New York, Respondent

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

July 27, 1978


Attorney(s) appearing for the Case

Samuel Goldstein & Sons (Arthur D. Goldstein of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Martin J. Siegel and Ruth Kessler Toch of counsel), for respondent.

GREENBLOTT, J. P., and LARKIN, J., concur with MAIN, J.; MIKOLL and HERLIHY, JJ., dissent and vote to reverse in a separate opinion by HERLIHY, J.


MAIN, J.

Claimants were owners, as tenants in common, of a parcel of land in Suffolk County when, on April 7, 1970, the State appropriated a portion thereof for the construction of the Long Island Expressway by the filing of a description map in the Suffolk County Clerk's office. Personal service was thereafter completed on all of the claimants on January 14, 1971, but no claim was ever filed on their behalf...

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