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Collins v. Barker

Supreme Court of New York, Appellate Division

July 7, 1955

Collins
v.
Barker

Page 350

[143 N.Y.S.2d 174] Edward M. Murray, Troy, for plaintiff-respondent.

Turner & Turner, Troy (Warren W. Rommel, Troy, of counsel), for defendant-appellants, Barker.

Duncan B. Kaye, Troy (Warren W. Rommel, Troy, of counsel), for defendant-appellant, Snyder Realty Co., Inc.

Before FOSTER, P. J., and COON, HALPERN, IMRIE and ZELLER, JJ.

FOSTER, Presiding Justice.

These are appeals from two judgments entered upon the report of a private Referee. The actions involve plaintiff's asserted right to use an alleged street or thoroughfare

Page 351

called Main Avenue that is said to run through a parcel of land situated in the town of Brunswick, Rensselaer County. Except for different defendants the actions are practically identical. The judgments appealed from enjoin and restrain the defendants from interfering with plaintiff's asserted right of way.

In 1877 Martha J. Young and William Collins owned what was called the Fowler Farm, consisting of 48 acres which had a northerly frontage on the Pittstown Turnpike. Its southerly line ran along the north bank of the Poestenkill Creek. In that year Young and Collins partitioned this tract in such a manner that the easterly 30 1/3 acres went to Collins and the westerly 17 2/3 acres were retained by Mrs. Young. The situation then was approximately as shown by the following diagram A.

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

Page 352

Thereafter and on July 30, 1878 Collins filed a map subdividing his parcel into 94 numbered lots, 7 irregular lots lettered A through G, 5 lots without number or letter and 2 streets named Main Avenue and Fowler [143 N.Y.S.2d 175] Avenue. Main Avenue was shown on his map as 45 feet wide, running north and south, with its northerly terminus at the Pittstown Turnpike and its southerly terminus at the north bank of Poestenkill Creek.

In August 1878 Collins conveyed lot A in the subdivision to William C. Winne. On July 1, 1880 he conveyed a lot without number or letter adjoining on the south of lot A to Alida M. Winne. These two lots together contained about two acres and were held as one parcel. They are not now owned by the plaintiff and are not directly involved in these actions, but it may be significant that they abutted on the west side of Main ...


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