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SCHULMAN v. PEOPLE

11 A.D.2d 273 (1960)

David Schulman et al., Respondents, v. The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 27, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman and Paxton Blair of counsel), for appellant.

Morris M. Oppenheim for respondents.

COON, GIBSON and REYNOLDS, JJ., concur with BERGAN, P. J.; HERLIHY, J., dissents and votes to affirm.

BERGAN, P. J.

The State of New York has appropriated an easement in the plaintiffs' lands for a public purpose under an authority asserted to exist pursuant to statute. Plaintiffs challenge the right of the State to condemn the easement by this action pursuant to article 15 of the Real Property Law; and the Sullivan County Court has denied the State's motion to dismiss the complaint.

As the case reaches this court, with the pleaded facts conceded...

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