Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Plaintiffs appeal from an order which granted defendants' motion for dismissal of the action on the ground of collateral estoppel, and denied plaintiffs' cross motion for summary judgment on their claim that certain real property known as the Linwood Drive Extension is a Town highway pursuant to Highway Law § 170 et seq., and on the alternative...
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