Donahue v. State

Judgment unanimously affirmed, without costs. Memorandum: Claimants seek to recover for damages to a building caused by the raising of grade levels of adjoining streets and sidewalks by the State. Less than 20% of the land on which the building was situated was owned by claimants; the remainder lay within rights of way of two streets on which claimants had frontage and which were owned by the City of Oswego. The State raised as a defense claimants’ substantial encroachment on city property, asserting that claimants were not entitled to recover *860for damages to improvements placed within the…