Legal Opinion
Kelder v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1964No. Claim No. 38686PublishedCited by 3 opinions
1Opinion of the CourtAulisi, J.
Appeal from a judgment of the Court of Claims entered April 7, 1964, awarding claimant the sum of $16,685 and interest. The claim is for the loss of plants and trees which the State refused to pay contending that they were personalty and therefore not compensable. The appropriation was made pursuant to section 29 of the Highway Law on September 19, 1960. Claimant was a tenant in possession of certain real property in the Town and County of Ulster which was to be used for the Kingston by-pass in the vicinity of the Thruway interchange at Kingston, New York. Claimant conducted a nursery…
2Cases cited11 opinions
- Jackson v. . State of New YorkNew York Court of Appeals · 1914
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Matter of City of New YorkNew York Court of Appeals · 1908
- In re Delancey StreetAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by3 opinions
- Matter of Suffolk (Van Bourgondien)New York Court of Appeals · 1979
- Village of Port Chester v. SortoAppellate Division of the Supreme Court of the State of New York · 2005
- In re County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1978