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City of New Rochelle v. New Rochelle Coal & Lumber Co.

158 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1916-04-25 English

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p. 1111
The CITY OF NEW ROCHELLE, respondent, v. NEW ROCHELLE COAL & LUMBER COMPANY, appellant.
(Supreme Court, Appellate Division, Second Department.
April 25, 1916.)

Headnote

Judgment affirmed, with costs, on the opinion oí Mr. Justice Mills at Special Term (83 Mise. Rep. 194, 111 N. Y. Supp. 832 ).

Stapleton, Rich, and Putnam, JJ., concur. Thomas, J., dissents (on the ground that the locus in quo lias not been traveled or used as a highway for more than six years before the commencement of the action, and that under Highway Law [Consol. Laws, c. 25] § 234, it had ceased to be a highway); with whom Jenks, P. J., concurs.

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