Order and judgment unanimously modified, on the law, and, as modified, affirmed, with costs to claimant, in accordance with the following memorandum:
Claimant moved for partial summary judgment on its claim for appropriation by the State of portions of its lands, and for an alleged de facto taking of its rights in the Herkimer Hydraulic Canal. The State opposed the motion on the ground that a stipulation settling a prior claim granted the State absolute control of...
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