Appellate Division of the Supreme Court of New York, 1915

Petekofsky v. Pellissier

Petekofsky v. Pellissier
Appellate Division of the Supreme Court of New York · Decided January 15, 1915
166 A.D. 936; 151 N.Y.S. 1140; 1915 N.Y. App. Div. LEXIS 7145
Petekofsky v. Pellissier

Opinion of the Court

Judgment modified, upon questions of fact as well as of law, by striking therefrom so much thereof as enjoins defendants from permitting then premises and buildings so to be used that loud and disturbing noises proceed therefrom; and by striking from said judgment that portion thereof which awards to plaintiff the sum of $840 for rental damages, and as so modified judgment affirmed, without costs. The twentieth and twenty-eighth findings of fact are reversed and set aside upon the grounds that said findings, and each of them, are unsupported by the evidence, and are contrary to said evidence and the weight thereof. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.

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