FIEBELKORN v. ROGACKI


280 A.D. 20 (1952)

Albert Fiebelkorn et al., Respondents, v. Jacob Rogacki et al., Appellants, and Town of Lancaster, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 5, 1952.


Attorney(s) appearing for the Case

Maurice J. Rumizen, for plaintiffs-respondents.

Brennan and Brennan for appellants.

Howard A. Davidson for defendant-respondent.

All concur. Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


PIPER, J.

We agree with the trier of the fact that the Town of Lancaster had not officially accepted the strip of land known as Walter Avenue as a public highway and that appellants failed to establish that it had become a public highway by user. We think, however, that the judgment must be reversed on other grounds.

While the Bellevue Land and Improvement Company did not have title to the premises in question...

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