MACKAY v. PEOPLE


75 Misc.2d 851 (1973)

William R. MacKay, as Executor and Trustee of Thomas F. Luther, Deceased, et al., Plaintiffs v. The People of the State of New York et al., Defendants.

Supreme Court, Special Term, Saratoga County.

August 16, 1973


Attorney(s) appearing for the Case

Raphael, Searles, Vischi & Sackman (Julius L. Sackman of counsel), for plaintiffs. Louis J. Lefkowitz, Attorney-General (Joshua J. Effron of counsel), for defendants.


JOHN L. LARKIN, J.

Plaintiffs move for summary judgment under CPLR 3212. Defendants cross-move for summary judgment under CPLR 3212 (subd. [b]). The parties are agreed, and it appears from the record, that no material issue of fact exists and that only questions of law are presented.

This action was instituted by the plaintiffs pursuant to article 15 of the Real Property Actions and Proceedings Law to...

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