Legal Opinion
Kemp v. State
New York Court of Claims
Decided February 8, 1958No. Claim No. 33553PublishedCited by 1 opinion
1Opinion of the CourtFred A. Young, J.
On July 1, 1955, the claimants purchased and moved into a home on the north side of Route 5 in the town of Kirkland, Oneida County, New York. Later that month the claimants noticed an unpleasant odor emanating from a highway drainage ditch near their home and shortly thereafter Mrs. Kemp wrote a letter to the State Department of Public Works in Utica complaining of this condition.
On August 10, 1955, the assistant resident engineer of the Utica office visited the claimants’ residence in response to the letter and, among other things, inspected a large maple tree located on the State’s right of…
2Cases cited9 opinions
- Messinger v. StateNew York Court of Claims · 1944
- Brown v. StateNew York Court of Claims · 1945
- Tagg v. City of LockportAppellate Division of the Supreme Court of the State of New York · 1930
- Julian v. StateNew York Court of Claims · 1946
- McGarey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Edgett v. StateAppellate Division of the Supreme Court of the State of New York · 1959