Dwyer v. Town of Rodman

Appeal from an order of Supreme Court, Jefferson County *973(Gilbert, J.), entered August 8, 2002, which denied plaintiffs’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking judgment declaring that defendant did not effectively abandon Babbitts Corner Road, which borders plaintiffs’ property. Supreme Court properly denied plaintiffs’ motion insofar as it sought summary judgment on the complaint. Although plaintiffs submitted proof establishing that…