It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed with costs.
Memorandum:
Defendant appeals from a judgment rendered following a jury trial declaring that Babbitts Corner Road is a town highway created by use (see Highway Law § 189) and that defendant did not abandon the highway prior to New York State's acquisition of land adjacent to the highway (see § 205 [1]). Contrary to defendant's contention...
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