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BURO v. STATE OF NEW YORK

281 A.D. 61 (1952)

Frank Buro, Respondent, v. State of New York, Appellant. (Claim No. 28954.) (And Fourteen Other Appeals, Claims Nos. 28955-28962; 28988-28993.)

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

December 30, 1952.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and John R. Davison of counsel), for appellant.

Reuben L. Haskell for respondents.

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

BERGAN, J.

The claimants are property owners along Atlantic Avenue in Brooklyn. Between 1941 and 1943 the State undertook to eliminate grade crossings of the Long Island Rail Road in Atlantic Avenue and to make other changes in physical conditions in this street.

Before these changes were made by the State the railroad had been maintained on its own right of way in an open cut in the middle of the street...

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