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PEOPLE v. PALMER

279 A.D. 60 (1951)

The People of the State of New York, Respondent, v. Howard S. Palmer et al., as Trustees of the Property of New York, New Haven and Hartford Railroad Company, Appellants

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

November 16, 1951.

Attorney(s) appearing for the Case

Edward R. Brumley, James D. O'Neill and Robert K. McCullen for appellants.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Henry S. Manley of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.

BREWSTER, J.

In May, 1938, the Public Service Commission ordered the reconstruction of defendant's railroad crossing under the State's Brewster-Connecticut State Line Highway No. 1455, in the town of Southeast, Putnam County. The work entailed was not performed under that order and related statutory provisions for the reason that shortly thereafter the project was placed on the Federal Aid Grade Crossing Program...

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