Judgment reversed, on the law, with a single bill of $10 costs and disbursements to the appellant Commissioner and Town Board against petitioners, and proceeding dismissed on the merits.
In our opinion, the deed in question which dedicated Tamarack Trail to the Town of Greenburgh "for highway purposes, and not otherwise," gave the town the fee of the roadbed and not merely an easement (see Vail v. Long Is. R. R. Co., 106 N.Y. 283, 286-287). Since the town has...
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