Opladen v. Town of Islip

This is a proceeding, pursuant to section 197 of the Highway Law, for the appointment of three commissioners to ascertain and determine petitioner’s damages resulting from a change of grade to the highway known as South Country road or Middle *727road, in the town of Islip, extending from Sayville to Bayport, 'Suffolk county, N. Y.

Petitioner’s verified claim for damages was filed with the town clerk on June 16,1937. By respondent’s answer, verified January 4, 1938, the material allegations of the petition, verified November 35, 1937, were denied. Said answer also contains three affirmative…