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Wellens v. Palisades Interstate Park Commission

17 A.D.2d 823 Court N.Y. App. Div. Decision date 1962-10-01 English

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p. 823
Ben Wellens et al., Copartners Doing Business under the Name of Kathy Land Co., Appellants, v. Palisades Interstate Park Commission et al., Respondents.

In an action (1) pursuant to article 15 of the Real Property Law, for a determination that, with respect to plaintiffs’ real property, said plaintiffs have a right of ingress and egress over the adjacent property of defendant Palisades Interstate Park Commission; or (2) in the alternative, pursuant to section 473 of the Civil Practice Act, for a declaratory judgment to the same effect, plaintiffs appeal from a judgment of the Supreme Court, Rockland County, entered January 12, 1962 upon the decision and opinion of said court (32 Mise 2d 101) after a nonjury trial, dismissing the complaint on the merits. Judgment affirmed, without costs. No opinion. Ughetta, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.