Legal Opinion
Abess v. Rowland
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004PublishedCited by 2 opinions
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Aulisi, J.), entered November 7, 2003 in Warren County, which granted defendants’ motion for summary judgment dismissing the complaint.
In April 1995, the Town Board of the Town of Queensbury adopted a resolution closing a section of an unimproved highway known as Fuller Road in the Town of Queensbury, Warren County, pursuant to Highway Law § 171 (2).* Thereafter, the Town erected barriers blocking access to the road on either end of the closed section, a portion of which ran through defendants’ property. Defendants also installed chains and fences,…
2Cases cited9 opinions
- Pless v. Town of RoyaltonNew York Court of Appeals · 1993
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Daetsch v. TaberAppellate Division of the Supreme Court of the State of New York · 1989
- Bashaw v. ClarkAppellate Division of the Supreme Court of the State of New York · 1999
- Schulz v. Town Board of QueensburyAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by2 opinions
- Curtis v. Town of GalwayAppellate Division of the Supreme Court of the State of New York · 2008
- Dandomar Co., LLC v. Town of Pleasant Val. Town Bd.Appellate Division of the Supreme Court of the State of New York · 2016