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COBB v. COUNTY OF MONROE

24 Misc.2d 581 (1960)

Allen L. Cobb, as President of Thomas Avenue Association, et al., Plaintiffs, v. County of Monroe, Defendant.

Supreme Court, Equity Term, Monroe County.

October 7, 1960.

Attorney(s) appearing for the Case

Jacob Gitelman for plaintiffs. Leo T. Minton and Robert H. Wagner for defendant.

DANIEL E. MACKEN, J.

Plaintiffs are the owners of real property abutting Thomas Avenue, a highway in the Town of Irondequoit, County of Monroe. By their complaint they seek a judgment declaring that the highway easement of Thomas Avenue is 49½ feet (three rods) in width. The defendant contends that the highway is four rods wide.

The action was originally commenced against the County of Monroe, its...

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