DOTSKO v. LITTLEJOHN


31 A.D.2d 245 (1969)

Martin Dotsko et al., Appellants, v. Julia M. Littlejohn et al., Respondents

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

January 16, 1969.


Attorney(s) appearing for the Case

Frederick J. Vavra for appellants.

Richard D. Malcolm for respondents.

BASTOW, P. J., GOLDMAN, DelVECCHIO and MARSH, JJ., concur.


HENRY, J.

As a defense to plaintiffs' action to compel defendants to remove a barricade erected by them on Dills Road adjacent to plaintiffs' premises, defendants alleged that the road had been abandoned by the Town of Ledyard. In support of their defense they introduced into evidence the certificate of the Town Superintendent of Highways declaring the portion of Dills Road in question to be discontinued. The certificate recites: "I, the undersigned,...

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