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TOWN OF SANTA CLARA v. YANCHITIS

512581.

90 A.D.3d 1297 (2011)

934 N.Y.S.2d 598

2011 NY Slip Op 9072

TOWN OF SANTA CLARA, Appellant, v. EDWARD YANCHITIS et al., Respondents.

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

Decided December 15, 2011.

LAHTINEN, J.

Plaintiff commenced this action in 2005 contending, among other things, that a 100-foot strip of property known as Back Bay Road Spur on the southwest side of defendants' property in the Town of Santa Clara, Franklin County is a town highway pursuant to Highway Law § 189. In 2007, plaintiff moved for partial summary judgment and Supreme Court denied the motion in a decision that thoroughly discussed the...

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