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JOHNSON v. STATE OF N.Y.

72 A.D.2d 487 (1980)

Walter F. Johnson et al., Appellants, v. State of New York, Respondent. (Claim No. 59118.)

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

February 28, 1980

Attorney(s) appearing for the Case

De Clue & De Clue (Israel Margolis and Chernin & Gold of counsel), for appellants.

Robert Abrams, Attorney-General (George M. Thorpe, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for respondent.

SWEENEY, J. P., MAIN, MIKOLL and CASEY, JJ., concur.

HERLIHY, J.

The essential facts and/or findings controlling this appeal are relatively few. The State appropriated a portion of land owned by the claimants, and as then required by subdivision 13 of former section 30 of the Highway Law (now section 304 of the Eminent Domain Procedure Law), it offered the claimants $27,465 as settlement. The claimants refused the offer as full settlement, but did accept it plus...

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