Schenectady Chemicals, Inc. v. De Luke Sand & Gravel Co.

Appeal by the defendant-appellant De Luke Sand & Gravel Co., Inc. (hereinafter referred to as De Luke) from an order and judgment determining certain claims to real property in favor of the plaintiff Schenectady Chemicals, Inc. (hereinafter referred to as Schenectady) and cross appeal by the plaintiff from a prior order of the court denying its motion for summary judgment. The proceeding was instituted pursuant to article 15 of the Real Property Actions and Proceedings Law. Upon the trial De Luke conceded that the only issue for determination was whether or not the subject real property was…