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STATE OF NY v. CASE

86 Misc.2d 43 (1976)

State of New York, Plaintiff, v. Howard M. Case et al., Defendants.

Supreme Court, Trial Term, Madison County.

March 10, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edward Marks of counsel), for plaintiff. Byrne, Costello & O'Brien for Howard M. Case and others, defendants. Bryant, O'Dell & Basso for Jay Button, defendant.

HOWARD A. ZELLER, J.

The Erie Canal connecting the Hudson River at Albany with Lake Erie at Buffalo was completed in 1825.1 Along its 363-mile length was a path on one bank or berm upon which teams of mules and horses trod pulling and towing scows, boats, bullheads and packets. A controversy exists as to the ownership and right to use approximately one mile of this former towpath...

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