JAFCO REALTY CORP. v. STATE OF NEW YORK


18 A.D.2d 74 (1963)

Jafco Realty Corporation, Respondent, v. State of New York, Appellant. (Claim No. 36539.)

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

February 21, 1963.


Attorney(s) appearing for the Case

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

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Adrian Block and Joseph Swart of counsel), for respondent.

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


HENRY, J.

The State appropriated land which it deemed necessary for purposes connected with the Thruway system over which claimant owned an easement whereon it maintained a roadway for ingress and egress to and from its lands west of the lands so appropriated. The State reserved the easement to claimant but limited claimant's use thereof by the following proviso: "Providing the exercise of these rights, does not...

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