MATTER OF NICHOLAS v. TOWN OF JOHNSTOWN


25 A.D.2d 690 (1966)

In the Matter of Joseph Nicholas, Appellant, v. Town of Johnstown, Respondent

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

March 28, 1966


Per Curiam.

Upon this record, we cannot disturb the Special Term's findings that: "According to the evidence adduced from these experts there appears to be a well recognized difference in the business or profession between a macadamized highway and a gravel and oil road. On the basis of the evidence submitted in this particular proceeding the Court finds that the petitioner has failed to establish that the town highway in question was macadamized within the...

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