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CITY OF NY v. STATE OF NY

82 A.D.2d 427 (1981)

City of New York, Appellant, v. State of New York, Respondent

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

August 13, 1981

Attorney(s) appearing for the Case

Jerome C. Gilman of counsel (Leonard Olarsch with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Dennis Hurley of counsel (Jeremiah Jochnowitz, Assistant Solicitor General, with him on the brief; Robert Abrams, Attorney-General, attorney), for respondent.

SANDLER, J. P., CARRO, and BLOOM, JJ., concur.

FEIN, J.

In 1967, under authority of former subdivision 5 of section 340-b and former subdivision 3.3 of section 349-c of the Highway Law, claimant (City) acquired certain Staten Island property on behalf of the State by condemnation for the purpose of widening the West Shore Expressway as part of the Federally aided interstate highway system. Vouchers for reimbursement were submitted to the State Department...

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