TOWN OF GUILDERLAND v. SWANSON


41 Misc.2d 398 (1963)

Town of Guilderland, Plaintiff, v. Ernest Swanson et al., Defendants.

Supreme Court, Special Term, Rensselaer County.

December 24, 1963


Attorney(s) appearing for the Case

Frank J. Williams, Jr., for plaintiff. Charles J. Duncan for defendants.


ISADORE BOOKSTEIN, J.

In this action, plaintiff moves for summary judgment for the relief demanded in the complaint.

Subdivision 2 of section 64 of the Town Law provides that a town "may, upon the adoption of a resolution, convey real property in the name of the town, which resolution shall be subject to a permissive referendum."

Defendants constructed a causeway over a pond owned by plaintiff...

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