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SCHENECTADY CHEMS., INC. v. DE LUKE SAND & GRAVEL CO., INC.

29 A.D.2d 800 (1968)

Schenectady Chemicals, Inc., Respondent-Appellant, v. De Luke Sand & Gravel Co., Inc., Appellant-Respondent, et al., Defendant

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

February 16, 1968

HERLIHY, J.

The proceeding was instituted pursuant to article 15 of the Real Property Actions and Proceedings Law. Upon the trial De Luke conceded that the only issue for determination was whether or not the subject real property was acquired by its predecessor in title for the railroad purpose of a "freight depot". The Railroad Act was amended in 1854 to provide that any land acquired for passenger and freight depots, shall be held by the company [Railroad...

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