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LASHWAY v. STATE

39 A.D.2d 996 (1972)

Theodore Lashway et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim Nos. 46188, 48890.) (Action No. 1.) Oscar Lerwick et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim Nos. 46160, 48918.) (Action No. 2.) Loni C. Schloer, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 48773.) (Action No. 3.) Henry C. Schloer, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 48775.) (Action No. 4.)

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

June 29, 1972

The four properties in question are owned by the various claimants and abut on New York State Route 206 between the Villages of Greene and Bainbridge. The State has appropriated part of these lands for the improvement of Route 206. Highway 47 enters 206 from the north between the properties of Lashway and Lerwick and was also a part of the improvements. The question is the extent of the appropriations, the State claiming to have a prior four-rod right of way under "color...

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