The action is to enjoin the use by defendants of a right of way to which plaintiffs claim record title; and for damages arising from such use. Plaintiffs moved at Special Term: (a) for an order striking out as sham the answer which, beside denials, alleged as an affirmative defense an interest in the right of way acquired by adverse usage; and (b) for an order for judgment on the pleadings. On procedural grounds we think the court at Special Term was right in denying the...
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