DESMOND v. TOWN OF SUMMIT


82 Misc.2d 669 (1975)

William Desmond et al., Plaintiffs, v. Town of Summit, Defendant. SD Mohammad Fasihi-Chirazi et al., Plaintiffs, v. Town of Summit, Defendant.

County Court, Schoharie County.

June 24, 1975


Attorney(s) appearing for the Case

Jacob Spatz for plaintiffs. Bellcourt & Lamont (Walter L. Bellcourt of counsel), for defendant.


ROBERT H. ECKER, J.

Plaintiffs bring these actions in trespass to recover damages against the Town of Summit for destroying parts of a stone wall fence and a number of trees during the course of the reconstruction in 1973 of Merwin Road.

Merwin Road is a town highway acquired by user.

On August 10, 1973, plaintiffs Fasihi-Chirazi purchased 11½ acres of land lying from the center line of...

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