DAVIS v. WISKUP

496 CA 12-00933.

106 A.D.3d 1526 (2013)

964 N.Y.S.2d 447

2013 NY Slip Op 3247

JAMES S. DAVIS et al., Appellants, v. THOMAS T. WISKUP, SR., et al., Respondents. (Appeal No. 2.)

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

May 3, 2013.


It is hereby ordered that the judgment so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Cattaraugus County, for further proceedings in accordance with the following memorandum: In this action pursuant to RPAPL article 15, plaintiffs appeal from a judgment that denied their motion for summary judgment seeking a determination that a certain roadway in the Town of Hinsdale (Town) has been abandoned as a public road...

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