Katz v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Katz v. Town of Brookhaven

15 A.D.2d 534, 222 N.Y.S.2d 1012, 1961 N.Y. App. Div. LEXIS 7103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 18, 1961

StatusPublished

Cited by1 cases

This text of 15 A.D.2d 534 (Katz v. Town of Brookhaven) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Katz v. Town of Brookhaven, 15 A.D.2d 534, 222 N.Y.S.2d 1012, 1961 N.Y. App. Div. LEXIS 7103 (N.Y. Ct. App. 1961).

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Opinion

Defendants claimed that the subject parcel was a public highway by reason of an offer of dedication and its actual acceptance, and also by use pursuant to section 189 of the Highway Law. The Special Term determined that the evidence was insufficient to establish that the subject property had become a public highway by public user. We are in accord with such determination. We have also concluded that the evidence was insufficient to establish the creation of a public highway by dedication and acceptance. New findings of fact are made accordingly in support of the judgment. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Defendants claimed that the subject parcel was a public highway by reason of an offer of dedication and its actual acceptance, and also by use pursuant to section 189 of the Highway Law. The Special Term determined that the evidence was insufficient to establish that the subject property had become a public highway by public user. We are in accord with such determination. We have also concluded that the evidence was insufficient to establish the creation of a public highway by dedication and acceptance. New findings of fact are made accordingly in support of the judgment. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

15 A.D.2d 534, 222 N.Y.S.2d 1012, 1961 N.Y. App. Div. LEXIS 7103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katz-v-town-of-brookhaven-nyappdiv-1961.

Opinion

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