Opinion
Argued October 12, 1938
Decided November 22, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
Harry Schneider, Henry A. Uterhart and Joseph Otis for appellant.
Martin S. House, Joseph Glass and Bernard Alpert for respondent.
Judgment modified so as to enjoin the plaintiff from erecting the structure described in the complaint, and, as so modified, affirmed, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.