Legal Opinion

Demoski v. State

New York Court of Claims

Decided October 1, 1957No. Claim No. 33940PublishedCited by 1 opinion

1Opinion of the Court

Charles Lambíase, J.

This claim has been filed to recover damages sustained through the alleged negligence of the State of New York “ in the planning, approval and execution of the Oonklin-Kirkwood Flood Protection Project, North Branch — Susquehanna River.” (Claim, par. 2) which, it is alleged, resulted in the destruction of “ a retaining wall along the river bank of claimants’ property and eroded and carried away large portions of claimants’ real property along said unprotected river bank.” (Claim, par. 9).

The State denies the said allegations and more particularly asserts that damage, if…

2Cases cited3 opinions

  1. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  2. Allen v. StateNew York Court of Claims · 1955
  3. Central New York Broadcasting Corp. v. StateNew York Court of Claims · 1954

3Cited by1 opinion

  1. Pettersen v. Town of Fort AnnNew York Supreme Court · 2008

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