HORAN v. TOWN OF BROOKHAVEN


47 Misc.2d 839 (1965)

Barbara T. Horan, Plaintiff, v. Town of Brookhaven et al., Defendants.

Supreme Court, Special Term, Suffolk County.

September 24, 1965


Attorney(s) appearing for the Case

Stanley Gray Horan for plaintiff. Martin B. Ashare for Town of Brookhaven, defendant. John J. Ceparano for Charles Barraud, defendant.


JACK STANISLAW, J.

This action to compel specific performance of a contract against the Town of Brookhaven was tried before the court without a jury.

On December 8, 1959, the parties entered into an agreement precisely identifying and describing a public road first accepted in 1893 which thereafter became incapable of exact location. Plaintiff owns property on or adjacent to the road and agreed to the description of it so as to eliminate possible...

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