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STATE v. CASE

45 A.D.2d 779 (1974)

State of New York, Appellant, v. Howard M. Case et al., Respondents

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

June 20, 1974

The plaintiff is clearly correct that adverse possession cannot be used against the State (e.g. Smith v. People, 9 A.D.2d 205). However, the plaintiff also seeks injunctive relief to enjoin the defendants "from going on and utilizing the said lands for their own purposes" and to compel the removal "from the said lands all buildings [and] structures * * * encroaching upon or interfering" with the subject land. Whether the plaintiff...

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