Jafco Realty Corp. v. State

New York Court of Appeals

Jafco Realty Corp. v. State

14 N.Y.2d 556

CourtNew York Court of Appeals

DecidedFebruary 27, 1964

DocketClaim No. 36539

StatusPublished

This text of 14 N.Y.2d 556 (Jafco Realty Corp. v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jafco Realty Corp. v. State, 14 N.Y.2d 556 (N.Y. 1964).

Pincite

Opinion

Order affirmed, with costs, and judgment absolute directed against appellant on the stipulation in the following memorandum: The order appealed from should be affirmed, with costs, and, pursuant to the terms of the stipulation for judgment absolute, the claim should be dismissed. We agree with the conclusion reached by the Appellate Division. The provision in the appropriation map ‘ ‘ reserving ’ ’ certain rights effected a reservation of the easement granted to the claimant’s predecessor in interest by the City of Buffalo and it follows that, if the State later interferes with the claimant’s access to its waterfront property, the State will have to answer for a de facto appropriation.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

Free access — add to your briefcase to read the full text and ask questions with AI

Order affirmed, with costs, and judgment absolute directed against appellant on the stipulation in the following memorandum: The order appealed from should be affirmed, with costs, and, pursuant to the terms of the stipulation for judgment absolute, the claim should be dismissed. We agree with the conclusion reached by the Appellate Division. The provision in the appropriation map ‘ ‘ reserving ’ ’ certain rights effected a reservation of the easement granted to the claimant’s predecessor in interest by the City of Buffalo and it follows that, if the State later interferes with the claimant’s access to its waterfront property, the State will have to answer for a de facto appropriation.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.

Cite This Page — Counsel Stack

Bluebook (online)

14 N.Y.2d 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jafco-realty-corp-v-state-ny-1964.