FRANKFATER v. STATE OF NEW YORK


17 A.D.2d 515 (1962)

Julius Frankfater et al., Respondents, v. State of New York, Appellant. (Claim No. 36184.)

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

December 28, 1962.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for appellant.

Rosen & Rosen (George H. Rosen of counsel), for respondents.

BERGAN, P. J., COON, GIBSON and TAYLOR, JJ., concur.


REYNOLDS, J.

Involved here is a five-foot-wide strip in Sullivan County which the State proposes to utilize to widen Route 17B. The property in question was retained by respondents from a larger piece of property they are in the process of subdividing for development. While the deed recites as the purpose of the reservation to lay water lines, in fact the water lines have been laid to the rear of the property...

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