Dillenbeck v. State of New York

Full title: RAY F. DILLENBECK et al., Appellants, v. STATE OF NEW YORK, Respondent…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: May 4, 1949

275 App. Div. 871 (N.Y. App. Div. 1949)

Opinion

May 4, 1949.

Appeal from Court of Claims.

Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ. [ 193 Misc. 542.]

The award was made for the appropriation of a perpetual easement to flood 3.314 acres of land. Claimants had purchased this property in July, 1940, for the sum of $100. On February 10, 1944, the State appropriated the perpetual easement. The proof sustains the findings of the Court of Claims except as modified by this court. This court hereby reverses Findings of Fact Nos. 23 and 24 in the court's decision. This court also finds the State's Request to Find No. 2, which the court below refused to find. Judgment unanimously affirmed, without costs.