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GRAFF v. TOWN OF DARIEN

106 Misc.2d 104 (1980)

In the Matter of Bernard L. Graff, Jr., Petitioner, v. Town of Darien et al., Respondents.

Supreme Court, Genesee County.

July 21, 1980

Attorney(s) appearing for the Case

Clark J. Zimmermann for petitioner. Dadd & Dadd, P. C. (Eric T. Dadd of counsel), for respondents.

JOSEPH G. FRITSCH, J.

This proceeding is brought pursuant to CPLR article 78 against the Town of Darien and its highway superintendent. The petitioner seeks a judgment declaring the abandonment of a town highway to be null and void. The respondents' third affirmative defense, as contained in both its answer and amended answer, maintains that the present application and petition is barred by the Statute of Limitations, as contained in section 205 of the...

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