Nyack Rural Cemetery, Inc. v. State

Appellate Division of the Supreme Court of New York

Nyack Rural Cemetery, Inc. v. State

27 A.D.2d 762, 277 N.Y.S.2d 53, 1967 N.Y. App. Div. LEXIS 4877

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 10, 1967

DocketClaim No. 39210

StatusPublished

Cited by1 cases

This text of 27 A.D.2d 762 (Nyack Rural Cemetery, Inc. v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nyack Rural Cemetery, Inc. v. State, 27 A.D.2d 762, 277 N.Y.S.2d 53, 1967 N.Y. App. Div. LEXIS 4877 (N.Y. Ct. App. 1967).

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Opinion

Memorandum by the Court. Appeal from a judgment of the Court of Claims which dismissed a claim filed May 20, 1961 against the State of New York for continuing trespass and confiscation; arising out of the State’s construction, and the subsequent public use of a highway upon lands of claimant against which Rockland County in 1931 commenced condemnation proceedings of disputed validity. The only question which must be decided is whether the 'State is guilty of trespass. Whether the 1931 proceeding was valid to pass an easement or whether it was void so that an easement was eventually acquired by the State by prescription, the State is not a trespasser because under either theory it has a right to be on the land, Judgment affirmed, [763]*763without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in a memorandum by the court.

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Memorandum by the Court. Appeal from a judgment of the Court of Claims which dismissed a claim filed May 20, 1961 against the State of New York for continuing trespass and confiscation; arising out of the State’s construction, and the subsequent public use of a highway upon lands of claimant against which Rockland County in 1931 commenced condemnation proceedings of disputed validity. The only question which must be decided is whether the 'State is guilty of trespass. Whether the 1931 proceeding was valid to pass an easement or whether it was void so that an easement was eventually acquired by the State by prescription, the State is not a trespasser because under either theory it has a right to be on the land, Judgment affirmed, [763]*763without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in a memorandum by the court.

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Bluebook (online)

27 A.D.2d 762, 277 N.Y.S.2d 53, 1967 N.Y. App. Div. LEXIS 4877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nyack-rural-cemetery-inc-v-state-nyappdiv-1967.

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