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LAKE GEORGE ASSOC. v. STATE

7 N.Y.3d 475 (2006)

857 N.E.2d 517

824 N.Y.S.2d 196

LAKE GEORGE ASSOCIATES, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 104481.)

Court of Appeals of New York.

Decided October 19, 2006.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Albany (Stuart F. Klein of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

CIPARICK, J.

We are asked to determine whether the State, in its appropriation of claimant's and its neighbors' land for the purpose of improving an abutting highway and reestablishing access pursuant to Highway Law § 10 (24-d), deprived claimant of a legal right of access to the public roads. We hold that the appropriation of land, under these circumstances, creates a legal, enforceable...

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