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NYACK RURAL CEMETERY, INC. v. STATE

27 A.D.2d 762 (1967)

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

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

February 10, 1967

MEMORANDUM BY THE COURT.

The only question which must be decided is whether the State is guilty of trespass. Whether the 1931 proceeding was valid to pass an easement or whether it was void so that an easement was eventually acquired by the State by prescription, the State is not a trespasser because under either theory it has a right to be on the land.

Judgment affirmed,...

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