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CURTIS v. TOWN OF GALWAY

50 A.D.3d 1370 (2008)

858 N.Y.S.2d 394

JAY S. CURTIS et al., Appellants, v. TOWN OF GALWAY et al., Respondents.

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

Decided April 17, 2008.

Rose, J.

After acquiring title to land traversed by West Galway Road, a dirt road located in defendant Town of Galway in Saratoga County, plaintiffs commenced this action pursuant to RPAPL article 15 seeking, among other things, a judgment declaring a section of the road to be abandoned under Highway Law § 205 based upon its alleged nonuse and lack of maintenance. Following discovery, defendants moved for summary judgment...

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