Harris v. Town of Mendon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs and motion granted. Memorandum: Plaintiffs commenced this action alleging that defendant had trespassed on their property by cutting shrubbery and brush 28 feet from the center line of Mendon Center Road in front of plaintiffs’ property and seeking damages for that trespass. Plaintiffs contend that the trespass occurred because the road is a three-rod road (49.5 feet in width), while defendant contends that no trespass occurred because the road is a four-rod road (66 feet in width). Plaintiffs moved for partial summary judgment on liability…
2Cases cited5 opinions
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- Rosenshein v. Board of Education of City School District of City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1985
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