Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiffs' motion for summary judgment, determining that chapter 163 of the Laws of 1861 is unconstitutional because it was not passed with the requisite two-thirds vote (see, NY Const, art I, § 9 [1846]) and that it therefore did not divest the State of New York of its interest in the disputed property. We also...
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