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Sebastian v. State

8 A.D.2d 689 Court N.Y. App. Div. Decision date 1959-04-29 Docket Claim No. 34522 English

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p. 689
(April 29,1959)
Martin H. Sebastian et al., Appellants, v. State of New York, Respondent.
(Claim No. 34522.)

Judgment modified on the facts by increasing the award to the sum of $30,500, with interest, and as modified affirmed, with costs to the claimants. Certain findings of fact and conclusion of law modified. Memorandum: We find the award inadequate. (See Messina v. State of New York, 2 A D 2d 802 .) All concur, except Williams, J., who dissents and votes for affirmance. (Appeal by claimants from a judgment of the Court of Claims for claimant on a claim for damages for permanent appropriation of realty.) Present — McCurn, P. J., Kimball, Williams, Bastow and Halpern, JJ.