Appellate Division of the Supreme Court of New York, 1955

Helfrich v. Cermak

Helfrich v. Cermak
Appellate Division of the Supreme Court of New York · Decided June 13, 1955
286 A.D. 856; 143 N.Y.S.2d 643; 1955 N.Y. App. Div. LEXIS 4360
Helfrich v. Cermak

Opinion of the Court

Action for an injunction to direct the removal of a garage from a common right of way, insofar as it encroaches thereon, and for damages. The appeal is from a judgment which denies injunctive relief, decrees that respondent shall acquire no prescriptive rights by virtue of the encroachment, and grants nominal damages to appellant. Judgment unanimously affirmed, with costs. No opinion. Present — MacCrate, Acting P. J., Schmidt, Beldock, Murphy and Ughetta, JJ. [See post, p. 1013.]

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