Van Aken v. State

236 A.D. 872 Court N.Y. App. Div. Docket Claim No. 19576 English

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p. 872

Sylvanus Van Aken and Another, Respondents, v. The State of New York, Appellant.

(Claim No. 19576.)

— Judgment affirmed, with costs, on the ground that the damage was entirely incidental to the taking of the property. Van Kirk, P. J., Hinman, Hill and Crapser, JJ., concur; Rhodes, J., dissents and votes to reverse the judgment on the law and facts and for a new trial, and to reverse findings of fact 11, 12 and 13. (Adamo v. State of New York, 235 App. Div. 12 .)