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MATTER OF ISLAND PARK, LLC v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

61 A.D.3d 1023 (2009)

876 N.Y.S.2d 203

In the Matter of ISLAND PARK, LLC, Petitioner, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 2, 2009.

PETERS, J.

Petitioner operates a farm in the Town of East Greenbush, Rensselaer County, which is intersected by a set of railroad tracks owned by respondent CSX Transportation, Inc. and maintained by Amtrak. The tracks are part of the Hudson Line, a heavily traveled railroad line that runs between New York City and the City of Rensselaer, Rensselaer County. Petitioner has an easement over a private at-grade crossing, known...

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