RED APPLE REST, INC. v. McMORRAN


14 A.D.2d 452 (1961)

Red Apple Rest, Inc., et al., Appellants, v. J. Burch McMorran, as Superintendent of Public Works of the State of New York, Respondent

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

June 1, 1961


Plaintiffs are the owners of substantially improved business property fronting on either side of Route 17 in the Town of Tuxedo, Orange County. They sue in equity for a judgment declaring that they have rights of access to and from their premises and adjoining Route 17 in their entirety and that defendant be enjoined permanently from erecting and maintaining guardrailings which limit access thereto from the public highway and from taking or threatening to take lands of plaintiffs...

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