Lynbrook Homes, Inc. v. Frey

The action is brought to restrain the defendant from trespassing upon a strip of land which the defendant asserts is a public highway. The alleged trespass consisted of the defendant’s use of the strip by operating vehicles thereon and in removing a fence which the plaintiff erected to prevent such vehicular traffic. Defendant admits his continued use of said strip of land for highway purposes, and the removal of the fence obstruction placed thereon by the plaintiff; and asserts that the so-called highway, known as “ Shipherd place,” was opened and dedicated for use as a public highway by…