Legal Opinion

Dufel v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1921PublishedCited by 40 opinions

Appeal by the defendant, The State of New York, from a judgment of the Court of Claims in favor of the plaintiff, entered in the office of the clerk of said court on the 28th day of May, 1920.

1Opinion of the Court

Van Kirk, J.:

The claimant filed four claims against the State, one claim being for the land appropriated for the Barge canal, and three claims being for injuries to crops and the loss of use of land prior to the statutory appropriation. Although items of land damages were included with the claims for loss of crops and the use of the land, by agreement of counsel in open court those items were abandoned and the claim for land damages presented under the general claim for land appropriated; also all the claims were held to be tried together, after the statutory appropriation should be made by…

2Cases cited3 opinions

  1. Buckles v. . State of New YorkNew York Court of Appeals · 1917
  2. Reed v. . the StateNew York Court of Appeals · 1888
  3. Folts v. . State of New YorkNew York Court of Appeals · 1890

3Cited by40 opinions

  1. Edlux Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  2. Taylor v. State of New YorkNew York Court of Appeals · 1951
  3. Boland v. State of New YorkNew York Court of Appeals · 1972
  4. State Highway Commission v. StumboOregon Supreme Court · 1960
  5. Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963

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