McCALL v. TOWN OF MIDDLEBURY


52 A.D.2d 736 (1976)

Alan R. McCall et al., Appellants v. Town of Middlebury et al., Respondents

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

April 9, 1976


Judgment unanimously affirmed, without costs.

Memorandum:

Plaintiffs appeal from judgment, after trial without a jury, dismissing plaintiffs' complaint in an action for a judgment, pursuant to subdivision 1 of section 205 of the Highway Law, declaring abandoned a certain portion of the town highway abutting plaintiffs' premises. The trial court factually determined that the disputed portion of the town highway here in issue had not been abandoned within the...

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