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MATTER OF CASTAWAYS MOTEL v. SCHUYLER

24 N.Y.2d 120 (1969)

In the Matter of Castaways Motel, Appellant, v. C. V. R. Schuyler, as Commissioner of General Services of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 27, 1969.

Attorney(s) appearing for the Case

Ira M. J. Hovey for appellant.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

KEATING, J.

Petitioner-appellant Castaways is a business partnership of three men who operate a motel on land beside the Niagara River. In 1964 petitioner applied for a grant of land under the river adjacent to its property.

The circumstances which brought about this application were these. Castaways' neighbor downstream was the La Salle Yacht Club. Some time in the early 1960's, after the completion...

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