MARTIN v. COUNTY OF DELAWARE


61 A.D.2d 1111 (1978)

Kenneth R. Martin et al., Appellants, v. County of Delaware et al., Respondents

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

March 30, 1978


At issue on this appeal is the nature of a 1914 transaction by which an interest in certain real property was granted to the County of Delaware "for purposes of right of way and construction" of a highway ultimately known as State Route 23. In their action under article 15 of the Real Property Actions and Proceedings Law, plaintiffs contended the subject document created an easement that enabled its grantor to pass title to the premises to them following the subsequent abandonment...

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