New York Connecting Railroad v. Queens Used Auto Parts, Inc.

Action to recover possession of real property in Queens County, which is part of a tract over which the plaintiff, by condemnation proceedings, acquired a perpetual easement for railroad purposes. Plaintiff had judgment that it was entitled to the immediate possession of the property. Defendant appealed therefrom on the ground, inter alia, that there had been an abandonment of the property by the plaintiff; and plaintiff appealed from so much of the judgment as failed to award damages. Judgment modified on the law and the facts by inserting a decretal paragraph awarding plaintiff damages in…