HARRIS v. TOWN OF MENDON


284 A.D.2d 988 (2001)

726 N.Y.S.2d 883

WAYNE M. HARRIS et al., Appellants, v. TOWN OF MENDON, Respondent.

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

Decided June 8, 2001.


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Plaintiffs commenced this action alleging that defendant had trespassed on their property by cutting shrubbery and brush 28 feet from the center line of Mendon Center Road in front of plaintiffs' property and seeking damages for that trespass. Plaintiffs contend that the trespass occurred because the road is a three-rod road (49.5 feet in width), while defendant contends that...

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