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  5. 69 N.Y.2d 1023 (1987)
 

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

69 N.Y.2d 1023 (1987)

Somerset Railroad Corporation, Petitioner, v. Owasco River Railway, Inc., Respondent. (Proceeding No. 1.) Owasco River Railway, Inc., Appellant, v. Somerset Railroad Corporation et al., Respondents. (Proceeding No. 2.) Anna H. Orszulak, Appellant, v. Somerset Railroad Corporation, Respondent. (Proceeding No. 3.)

Court of Appeals of the State of New York.

Decided June 9, 1987.

Attorney(s) appearing for the Case

David F. Kunz for Owasco River Railway, Inc., appellant.

David J. Seeger for Anna H. Orszulak, appellant.

Morgan L. Jones, Jr., for Somerset Railroad Corporation, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division, in view of the concessions of The Owasco River Railway (Owasco) and Supreme Court's findings, that Owasco had not acquired fee simple ownership of the disputed parcel through a conveyance evidenced by a deed, through an order of condemnation or through adverse possession, but that it had acquired...

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