KEMP v. STATE OF NEW YORK


9 Misc.2d 781 (1958)

Melvin H. Kemp et al., Claimants, v. State of New York, Defendant. (Claim No. 33553.)

Court of Claims.

February 8, 1958.


Attorney(s) appearing for the Case

Burrel Samuels for claimants.

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.


FRED A. YOUNG, J.

On July 1, 1955, the claimants purchased and moved into a home on the north side of Route 5 in the town of Kirkland, Oneida County, New York. Later that month the claimants noticed an unpleasant odor emanating from a highway drainage ditch near their home and shortly thereafter Mrs. Kemp wrote a letter to the State Department of Public Works in Utica complaining of this condition.

On August 10, 1955, the assistant resident engineer...

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