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SOMERSET R.R. CORP. v. OWASCO RIVER RY., INC.

122 A.D.2d 604 (1986)

Somerset Railroad Corporation, Petitioner, v. Owasco River Railway, Inc., Respondent. Owasco River Railway, Inc., Appellant, v. Somerset Railroad Corporation, Respondent, et al., Defendants. Anna H. Orszulak, Respondent, v. Somerset Railroad Corporation, Respondent

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

July 11, 1986

Judgment unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:

This record does not support Special Term's finding that "on July 21, 1982, claimant ANNA H. ORSZULAK was owner in fee simple absolute" of the disputed premises consisting of a railroad right-of-way adjoining property owned by her. We note that the court's memorandum decision makes no finding or evaluation of Orszulak's right to title...

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