RED APPLE REST v. McMORRAN


12 N.Y.2d 203 (1963)

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

Court of Appeals of the State of New York.

Decided January 23, 1963.


Attorney(s) appearing for the Case

John R. Davison and Rose M. Fredrickson for appellants.

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

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.


Per Curiam.

In this case, it is argued by appellants, by permission and upon an agreed statement of facts, that the State, acting through the Superintendent of Public Works, was not authorized to erect guardrails in front of a portion of appellants' premises which abut upon a State highway, known as Route 17, in the vicinity of Southfields, Orange County, New York. We think, to the contrary, that under the Highway...

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