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MATTER OF KRUGER

283 A.D. 1110 (1954)

In the Matter of Sidney F. Kruger et al., Respondents. Town of Hempstead, Appellant

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

June 28, 1954.

Order affirmed, with $10 costs and disbursements.

No opinion.

Beldock, J., dissents and votes to reverse the order and to remit the matter to Special Term to take proof (1) whether the original grade of Ibsen Street had become established by usage, acquiescence and recognition, and (2) whether the work done by the town in 1952 was a change of grade or a mere improvement, with the following memorandum:

The grade of a town highway may be...

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