Klugewicz v. State

— The State has appealed from a judgment in favor of claimants. The claim is for damages due to the appropriation of an easement for the purpose of eliminating a grade crossing. The easement was appropriated pursuant to section 6 of the New York City Grade Crossing Elimination Act, being chapter 677 of the Laws of 1928. More than two years having elapsed before the claim was filed the Legislature by chapter 733 of the Laws of 1938 authorized the filing of such claim and directed the Court of Claims to make an award in favor of claimants if it should be found that they were entitled to damages…