Schesch v. State

Richard J. Cardámose, J.

The plaintiff, Margaret Schesch, as executrix of the last will and testament of Albert J. Schesch, seeks by this declaratory judgment action against the State of New York, the Village of Ilion, and the Ilion Urban Renewal Agency an adjudication that State Highway No. 5161 (known as Route 5-S) in the Village of Ilion, Herkimer County, New York which abuts the plaintiff’s premises has not been legally relocated by these defendants and that obstructions to travel constructed and maintained in this highway since May 9, 1967 by these defendants are unlawful.

The plaintiff…