TOWN OF WARRENSBURG v. MOLLICA


171 A.D.2d 995 (1991)

Town of Warrensburg, Respondent, v. Michael C. Mollica et al., Appellants

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

March 28, 1991


Crew III, J.

Plaintiff owns a cemetery located near State Route 28 in the Town of Warrensburg, Warren County. Defendants own adjoining property over which runs an unpaved road, which for a long time has been used by plaintiff's personnel to maintain the cemetery. At some point defendants erected a chain barrier across the road with a no trespassing sign. As a result, plaintiff commenced this action seeking a judgment declaring that it had an easement...

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