HEWITT v. TOWN OF SCIPIO


32 A.D.2d 734 (1969)

Jefferson L. Hewitt, Respondent, v. Town of Scipio et al., Appellants

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

May 15, 1969


Judgment unanimously reversed on the law and facts, without costs, and complaint dismissed.

Memorandum:

In 1956 plaintiff became the record owner of a strip of land 49.5 feet wide running west from the west side of Owasco Lake to land owned by the Lehigh Valley Railroad. The warranty deed described the premises as "the fee to a three rod public highway leading from the Lehigh Valley Railroad Company's land easterly to Owasco Lake * * * subject however, to...

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