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WECHSLER v. PEOPLE

13 A.D.3d 941 (2004)

787 N.Y.S.2d 433

BENJAMIN I. WECHSLER et al., Appellants, v. PEOPLE OF THE STATE OF NEW YORK, by COMMISSIONER OF ENVIRONMENTAL CONSERVATION OF THE STATE OF NEW YORK, Respondent.

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

December 23, 2004.

Spain, J.

Plaintiff Benjamin I. Wechsler is the owner of approximately 2,325 acres of land located in the Neversink gorge area in Sullivan County (hereinafter the Wechsler tract), which he acquired by deed in 1968 from Philwold Estates, Inc. (hereinafter Philwold) as part of a retirement distribution. Philwold retained ownership of a contiguous tract to the southwest of the Wechsler tract (hereinafter the southerly tract), but in that 1968 deed it also granted Wechsler...

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