NYACK CEMETERY v. STATE OF N. Y.


46 Misc.2d 1025 (1965)

Nyack Rural Cemetery, Inc., Claimant, v. State of New York, Defendant. (Claim No. 39210.)

Court of Claims.

July 16, 1965


Attorney(s) appearing for the Case

Anthony F. Avallone for claimant. Louis J. Lefkowitz, Attorney-General (Allen J. Goodman of counsel), for defendant.


DOROTHEA E. DONALDSON, J.

This is a claim for damages for continuing trespass to lands. The original entry is alleged to have been made in 1931 for the purpose of establishing and maintaining a highway which has been in existence even since. It may be observed at the outset that the action sounds only in tort, the claimant's attorney and president having himself conceded at trial that an action for appropriation...

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