PECK v. STATE OF NEW YORK


15 A.D.2d 443 (1962)

Gerald A. Peck et al., Respondents, v. State of New York, Appellant

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

February 15, 1962.


Attorney(s) appearing for the Case

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

Stephen P. Morris and Ira H. Morris for respondents.

WILLIAMS, P. J., GOLDMAN, HALPERN and McCLUSKY, JJ., concur.


BASTOW, J.

The State appeals from a judgment awarding claimants $4,000. The award was based upon findings of the trial court that claimants and their predecessors in title had acquired an easement by prescription in the thoroughfare known as Meyer Place in the City of Rochester. It was further found that this was a private roadway which abutted the rear line of claimants' premises.

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