Legal Opinion

Pollak v. State

New York Court of Appeals

Decided March 22, 1977No. Claim 50931; Claim 53297PublishedCited by 30 opinions

1Opinion of the Court

Memorandum. The orders of the Appellate Division should be affirmed, with costs. On the issue of access raised in both appeals, the appropriation by the State was without reservation to the property owners of the legal right of access to the public highway. That the State acquiesced in claimants’ use of a service road, on other State-held property, which led to the highway, afforded permissive and practical access but not a permanent legal right of access. The State was and is under no legal constraint to permit claimants to use the roadway nor is the State obligated, by positive law, to…

2Cases cited2 opinions

  1. Wolfe v. State of New YorkNew York Court of Appeals · 1968
  2. Kravec v. State of New YorkNew York Court of Appeals · 1976

3Cited by30 opinions

  1. Bates v. ToiaNew York Court of Appeals · 1978
  2. Pan American World Airways, Inc. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1984
  3. Donaloio v. StateNew York Court of Appeals · 1985
  4. Henry v. BoydAppellate Division of the Supreme Court of the State of New York · 1984
  5. In re the Acquisition of Real Property by SchenectadyAppellate Division of the Supreme Court of the State of New York · 1993

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