Mendelson v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtDavis, J.
In constructing the Barge canal through the village of Lyons prior to 1915, the State canalized the Clyde river. In the necessary work incident thereto it excavated a large amount of material which it deposited on lands adjacent to the river, known as the “ Hotchkiss Flats.” This “ spoil bank,” as it is called., covered nearly eight acres to a depth of from nine to twelve feet. More than one-half of the land thus occupied belonged to the State, the remainder it leased.
Canandaigua outlet (hereinafter called the “ Outlet ”) is a stream about twenty miles long flowing northerly from Canandaigua…
2Cases cited8 opinions
- Sipple v. . the StateNew York Court of Appeals · 1885
- O'Connell v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1891
- Cairo, V. & C. Ry. Co. v. BrevoortU.S. Circuit Court for the District of Indiana · 1894
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Mundy v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
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3Cited by9 opinions
- Sutherland v. StateNew York Court of Claims · 1947
- Cotriss v. StateAppellate Division of the Supreme Court of the State of New York · 1928
- Zidel v. StateNew York Court of Claims · 1949
- Logan v. StateNew York Court of Claims · 1937
- Christman v. StateNew York Court of Claims · 1947
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