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DIAMOND INT'L CORP. v. LITTLE KILDARE, INC.

22 N.Y.2d 819 (1968)

Diamond International Corporation, Respondent, v. Little Kildare, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1968.

Attorney(s) appearing for the Case

Lawrence Conboy for appellant.

Adam R. Palmer for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents in part and votes to reverse and to grant a new trial at which the plaintiff would have the opportunity to seek an amendment of its complaint and, if granted, to offer further proof to support a finding that the road in question has become a public right of way.

Order reversed and the judgment of Supreme Court, St. Lawrence County, reinstated, with costs, in a memorandum: Mere usage by the public of Water Road as relocated is not sufficient to convert this private road into a public highway absent a showing that the road was kept in repair or taken in charge and adopted by public authorities for the statutory period (Pirman v. Confer, 273 N.Y. 357; People v. Sutherland, 252 N.Y. 86; Speir v. Town of New Utrecht<...

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