Town of New Hartford v. Mazza

Judgment unanimously affirmed without costs. Memorandum: Defendant appeals from that portion of an order which granted plaintiffs motion for summary judg*1063ment rescinding, on the ground of illegality, plaintiffs conveyance of a 795 square foot parcel (Parcel "B”) to defendant. In setting aside the conveyance and ordering defendant to reconvey the property to plaintiff, the court upheld plaintiff’s claim that the conveyance violated section 212-a of the Highway Law. On appeal, defendant contends that plaintiff is not entitled to relief under section 212-a of the Highway Law, and that the claim…