Appellate Division of the Supreme Court of New York, 1961

Katz v. Town of Brookhaven

Katz v. Town of Brookhaven
Appellate Division of the Supreme Court of New York · Decided December 18, 1961
15 A.D.2d 534; 222 N.Y.S.2d 1012; 1961 N.Y. App. Div. LEXIS 7103
Katz v. Town of Brookhaven

Opinion of the Court

Defendants claimed that the subject parcel was a public highway by reason of an offer of dedication and its actual acceptance, and also by use pursuant to section 189 of the Highway Law. The Special Term determined that the evidence was insufficient to establish that the subject property had become a public highway by public user. We are in accord with such determination. We have also concluded that the evidence was insufficient to establish the creation of a public highway by dedication and acceptance. New findings of fact are made accordingly in support of the judgment. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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