FRANKFATER v. STATE OF N. Y.


31 A.D.2d 231 (1969)

Julius Frankfater et al., Respondents, v. State of New York, Appellant. (Claim No. 46892. Motion Nos. 10437 & 10096.)

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

January 13, 1969.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

Rosen & Rosen (George H. Rosen of counsel), for respondents.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and STALEY, JR., JJ., concur in opinion Per Curiam, HERLIHY, J., in a separate opinion, in which GIBSON, P. J., REYNOLDS, AULISI and STALEY, JR., JJ., concur.


Per Curiam.

These are appeals from an order of the Court of Claims denying a motion to dismiss respondents' claim and from a judgment of the same court in favor of respondents, entered upon a decision.

Previously this court has held that the State had advanced evidence which established State ownership to a six-rod right of way as Route 17B passed respondents' property within which the five-foot strip here...

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