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HOLMES v. STATE OF NEW YORK

282 A.D. 278 (1953)

Mary L. Holmes, as Executrix of Theodore L. Holmes, Deceased, et al., Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 29801.)

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

July 2, 1953.

Attorney(s) appearing for the Case

Lewis B. Parmerton for appellants-respondents.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Richard H. Shepp of counsel), for respondent-appellant.

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

COON, J.

In connection with a grade crossing elimination project in the village of Owego, N. Y., the State permanently closed a street leading in the most accessible manner to claimants' feed mill. The State also appropriated a small parcel of claimants' land for which compensation has previously been allowed by the Court of Claims. This appeal involves only consequential damage from loss of business because of...

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