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BUDA v. STATE OF NEW YORK

278 A.D. 424 (1951)

Carmelo Buda, Appellant, v. State of New York, Respondent. (Claim No. 28688.)

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

June 29, 1951.

Attorney(s) appearing for the Case

Albert Averbach for appellant.

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

FOSTER, P. J., BREWSTER, DEYO and BERGAN, JJ., concur.

COON, J.

The claim is for damages resulting from flooded land allegedly caused by the negligence of the State. The claim was tried in 1948 before Hon. EMANUEL GREENBERG, a former Judge of the Court of Claims, who vacated his office as a Judge of the Court of Claims on November 21, 1949, leaving this claim undecided. Thereafter the Attorney-General and the attorneys of record for the claimant entered into a written...

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