RED APPLE REST, INC. v. McMORRAN


17 A.D.2d 678 (1962)

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

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

July 13, 1962


In this submission of controversy upon agreed facts pursuant to section 546 of the Civil Practice Act it is stipulated that the defendant Superintendent of Public Works of the State of New York has appropriated small strips of plaintiffs' properties abutting State highway known as Route 17 and has erected thereon 10 to 12 feet from the edge of its pavement beam-type guardrails "so as to limit access to and from plaintiffs' premises" from the public highway. The guardrails...

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