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TOWN OF CROWN POINT v. CUMMINGS

300 A.D.2d 873 (2002)

752 N.Y.S.2d 425

TOWN OF CROWN POINT, Respondent, v. EDMUND CUMMINGS, Defendant and Third-Party Plaintiff-Appellant. DALE FRENCH, Individually and as Supervisor of the Town of Crown Point, et al., Third-Party Defendants, and ALFRED BEMIS, JR., et al., Third-Party Defendants-Respondents.

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

Decided December 19, 2002.

Crew III, J.P.

The matter presently before us is the latest in a series of actions and proceedings arising out of an ongoing dispute regarding the nature and use of a road known as "Narrowtown Road" located in the Town of Crown Point, Essex County. Briefly, and insofar as is relevant to this appeal, plaintiff's Town Board passed a resolution in December 1997 declaring Narrowtown Road to be a town road. That resolution apparently was never challenged. Plaintiff thereafter...

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