Appellate Division of the Supreme Court of New York, 1928

De Vore Building Corp. v. Lipkind

De Vore Building Corp. v. Lipkind
Appellate Division of the Supreme Court of New York · Decided November 15, 1928
225 A.D. 672
De Vore Building Corp. v. Lipkind

Opinion of the Court

Judgment reversed, with costs, and judgment directed awarding possession to the plaintiff, subject to an easement in the defendant so long as the encroaching wall shall stand. (Wilson v. Wightman, 36 App. Div. 41.) Settle order on notice, reversing findings inconsistent with this determination and containing such new findings of facts proved upon the trial as are necessary to sustain the judgment hereby awarded. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.

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