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POLLAK v. STATE

41 N.Y.2d 909 (1977)

Henry A. Pollak, Respondent, v. State of New York, Appellant. (Claim No. 50931.) Davis Construction Corporation, Respondent, v. State of New York, Appellant. (Claim No. 53297.)

Court of Appeals of the State of New York.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for appellant.

Bernard Sommer and William D. Siegel for Henry A. Pollak, respondent.

Michael J. Goldstein for Davis Construction Corporation, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs. On the issue of access raised in both appeals, the appropriation by the State was without reservation to the property owners of the legal right of access to the public highway. That the State acquiesced in claimants' use of a service road, on other State-held property, which led to the highway, afforded permissive and practical access but not...

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