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HURLEY v. HURLEY

50 N.Y.2d 78 (1980)

Daniel Hurley, III, et al., Respondents-Appellants, v. Mary Hurley et al., Defendants, and State of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Dennis Hurley, Shirley Adelson Siegel and Alan Hegeman of counsel), for appellant-respondent.

James Mazzarella for respondents-appellants.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.

JONES, J.

Owners of land appropriated by the State over which they contend they were to have an easement of access for the benefit of premises retained may join the State as a party defendant to an action brought in a forum other than the Court of Claims, under article 15 of the Real Property Actions and Proceedings Law to determine claims to real property, and may recover therein judgment against the State establishing...

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