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IODICE v. STATE OF NEW YORK

277 A.D. 647 (1951)

Gaetano Iodice et al., Respondents, v. State of New York, Appellant. (Claim No. 28103.)

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

January 24, 1951.

Attorney(s) appearing for the Case

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

John P. Gualtieri and G. Edward La Gatta for respondents.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

VAUGHAN, J.

This is an appeal by the State of New York from an award of the Court of Claims of the sum of $1,000 in favor of claimants for damage to their property located in the city of Rome, New York, caused by the overflow of the Mohawk River on October 2, 1945. It is the contention of the claimants that the flooding of the premises was occasioned by the negligence of employees of the State of New York in the...

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