Nyack Rural Cemetery, Inc. v. State

This is a claim for damages for continuing trespass to lands. The original entry is alleged to have been made in 1931 for the purpose of establishing and maintaining a highway which has been in existence even since. It may be observed at the outset that the action sounds only in tort, the claimant’s attorney and president having himself conceded at trial that an action for appropriation would be barred unless the State waived the defense of the Statute of Limitations. This the State has not done. Except as hereinafter set forth the claim has neither been assigned nor submitted to any other…