Appellate Division of the Supreme Court of New York, 1945

Grillo v. Cardillo

Grillo v. Cardillo
Appellate Division of the Supreme Court of New York · Decided November 13, 1945
269 A.D. 988; 58 N.Y.S.2d 298
Grillo v. Cardillo

Opinion of the Court

In an action to have adjudicated that the plaintiffs have a right of way over and across a driveway or roadway upon the lands of the defendant, judgment dismissing the complaint reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event. A new trial is granted in the interests of substantial justice. For the purpose of the new trial, all findings of fact and conclusions of law are reversed and disapproved. Hagarty, Acting P. J., Carswell, Johnston, Adel and Lewis, JJ., concur.

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