Byrne v. Village of Larchmont

—In an action, inter alia, to permanently enjoin the defendant from granting a right of way to the general public over property known as "Point Road” and "Beach Lot”, the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Westchester County (Rabin, J.H.O.), dated November 2,1995, which, upon an agreed statement of facts, inter alia, granted the defendant’s motion to dismiss the complaint.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the plaintiffs are awarded judgment enjoining the defendant from granting a right…