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BARBERA v. STATE

64 A.D.2d 786 (1978)

Joseph J. Barbera et al., Respondents, v. State of New York, Appellant. (Claim No. 60797.) (Action No. 1.) Joseph J. Barbera et al., Respondents, v. New York State Thruway Authority, Appellant. (Claim No. 61104.) (Action No. 2.)

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

July 27, 1978

The claimants are the owners of certain property located near Exit 18 of the New York State Thruway and alleged that the Thruway Authority (hereinafter the Thruway) has caused their private water supply to become nonpotable. The damage allegedly occurred because the Thruway stockpiled salt for winter highway maintenance purposes on a parcel of land having close proximity to claimants' property and the salt polluted the water supply. The claimants filed a notice of intention...

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