Evans v. State

In an action to declare an appropriation by the State of New York of a certain parcel of land owned by plaintiffs void and to enjoin the construction of an access road thereon, plaintiffs appeal from so much of an order of the Supreme Court, Orange County, dated August 29, 1969, as denied their motion for summary judgment; and defendants cross appeal from so much of the same order as denied their cross motion for summary judgment. Both sides conceded on the oral argument of the appeal that no issue of fact is presented herein. Order modified, on the law, by (1) striking from the first…