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ANDERSEN v. STATE OF NEW YORK

282 A.D. 119 (1953)

Edith Andersen, Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 30538.) Andrew W. Andersen, Appellant, v. State of New York, Respondent. (Claim No. 30539.)

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

May 13, 1953.

Attorney(s) appearing for the Case

Warner M. Bouck for appellant-respondent and appellant.

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

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

The State built a new road parallel to an old one. To afford access from the old to the new road the State built a short connecting link where the roads came close together. The State retained control over the connecting link and over the area in the old road where the link was joined, but it did not keep control of the rest of the old road.

Claimants are husband and wife. Both were injured when...

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