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ELLAR ESTATES CORP. v. COHEN

52 A.D.2d 901 (1976)

Ellar Estates Corp., Appellant, v. Eva Cohen et al., Respondents, et al., Defendants. Elizabeth A. Magnuson, Intervenor-Appellant

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

May 17, 1976

Judgment affirmed, with costs.

The issue is whether the condemnation acquisition in 1864 by the Brooklyn and Rockaway Beach Railroad Company of the then denominated Lot No. 17 in Canarsie was for right of way or for depot purposes. If the latter, the railroad acquired a fee title and there was no forfeiture when the said lot was conveyed to a realty company in 1906 (see Erie Lackawanna Ry. Co. v State of New York, 38 A.D.2d 463<...

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