Legal Opinion

Tompkins v. State

New York Court of Claims

Decided April 30, 1962No. Claim No. 34193PublishedCited by 7 opinions

1Opinion of the CourtMelvin H. Osterman, J.

This is a claim against the State of New York for damages sustained by the claimants as a result of the alleged creation of a nuisance and negligence of the defendant.

In 1953, the State reconstructed a portion of State Highway No. 5499 which is located in the Town of Bethlehem, Albany County. As a result of this reconstruction, a section of the old *829road, 16 feet wide, was joined with a new paved road, 22 feet wide, at a point approximately 30 feet distant from the southwest corner of claimants’ property. At the juncture, the new road is approximately an inch to an inch and one-half above the…

2Cases cited10 opinions

  1. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  2. Psaty v. DuryeaNew York Court of Appeals · 1954
  3. Thomann v. City of RochesterNew York Court of Appeals · 1931
  4. Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
  5. Meruk v. . City of New YorkNew York Court of Appeals · 1918

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3Cited by7 opinions

  1. Luther Knight v. State of New YorkCourt of Appeals for the Second Circuit · 1971
  2. Montgomery v. StateNew York Supreme Court · 1972
  3. Malerba v. WarrenNew York Supreme Court · 1981
  4. Johnson v. StateNew York Court of Claims · 1986
  5. Silverman v. Comptroller of New YorkNew York Court of Claims · 1972

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