Legal Opinion

Van Aken v. State of New York

New York Court of Appeals

Decided April 11, 1933No. Claim 19576PublishedCited by 31 opinions

1Opinion of the CourtO’Brien, J.

Claimants’ farm in Ulster county abuts on and lies south of a highway known as Clay road which leads in an easterly direction to Port Ewen. Its acreage is separated by the right of way of the West Shore division of the New York Central railroad which runs north and south. During many years communication between the two parcels consisted in passing a few feet along Clay road over a grade crossing. The State eliminated this crossing by the erection of a fence on each side of the tracks and, as a result of the closing of Clay .road at this point, transit for vehicles from the homestead and barn…

2Cases cited1 opinion

  1. Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by31 opinions

  1. Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
  2. Coffey v. State of New YorkNew York Court of Appeals · 1944
  3. Selig v. StateNew York Court of Appeals · 1961
  4. Knights v. StateNew York Court of Claims · 1936
  5. In re the City of New York Relative to Acquiring Title to Real Property in the Borough of ManhattanNew York Supreme Court · 1964

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