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CLARK v. STATE

15 N.Y.2d 990 (1965)

Ernest L. Clark, Appellant, v. State of New York et al., Respondents. (Claim No. 37203.) Frank P. Thom et al., Appellants-Respondents, v. State of New York et al., Respondents-Appellants. (Claim No. 37940.) First National City Trust Company, as Trustee for John J. Astor and Others, Appellant-Respondent, v. State of New York et al., Respondents-Appellants. (Claim No. 37993.)

Court of Appeals of the State of New York.

Decided April 15, 1965.

Attorney(s) appearing for the Case

Louis Young, Francis Preston and La Verne F. O'Dell for appellant.

Louis Young and La Verne F. O'Dell for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Julius L. Sackman of counsel), for State of New York, respondent and respondent-appellant.

Thomas F. Moore, Jr., Edward L. Ryan and Louis R. Bennett for Power Authority of State of New York, respondent and respondent-appellant.

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

MEMORANDUM:

The orders should be affirmed, without costs. The easement is to be construed strictly against the State and Power Authority and, at the very least, claimants possess "the right and privilege of using such property, provided the exercise of such right and privilege does not interfere with or prevent the user and exercise of the permanent easement" as well as "the absolute right to cross the said lands covered...

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