St. Agnes Cemetery v. State of New York

3 N.Y.2d 37 (1957)

St. Agnes Cemetery, Respondent,

v.

State of New York, Appellant.

Court of Appeals of the State of New York.

Argued January 11, 1957.

Decided May 23, 1957.

Jacob K. Javits, Attorney-General (Sidney Kelly, Jr., and James O. Moore, Jr., of counsel), for appellant.

Joseph J. Casey for respondent.

CONWAY, Ch. J., DESMOND and FROESSEL, JJ., concur with BURKE, J.; VAN VOORHIS, J., dissents in an opinion in which DYE and FULD, JJ., concur.

BURKE, J.

This appeal involves an award made by the Court of Claims for a portion of claimant's cemetery land, appropriated by the State Highway Commission…