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LASSITER PROPERTIES, INC. v. STATE

511086.

84 A.D.3d 1559 (2011)

923 N.Y.S.2d 742

LASSITER PROPERTIES, INC., Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 12, 2011.

SPAIN, J.P.

The underlying dispute arises from a contractual1 reservation of timber rights as set forth in a 1925 deed, wherein Oval Wood Dish Corporation conveyed certain tracts and portions of land located in the Town of Colton, St. Lawrence County that were anticipated to be flooded by the creation of the Carry Falls Reservoir. The lands conveyed were described as those lands that would be "flooded or overflowed by creating a reservoir...

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