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Barr v. Algon Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1938
255 App. Div. 869 (N.Y. App. Div. 1938)

Opinion

November 18, 1938.

Present — Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ. [ 166 Misc. 177.]


Action for judgment declaring (1) that plaintiffs have easements in a sewer system in a real estate development, burdened only with easements in every other owner except owners of multiple dwellings; (2) that the right of defendant Algon Realty Corporation to connect the building on this property with the sewer system be restricted in accordance with the relief first demanded; (3) that the proposed construction of the Algon apartment house will constitute a nuisance; and (4) that defendants be perpetually enjoined from constructing the multiple dwelling and from connecting it with the sewer. Judgment dismissing complaint on the merits unanimously affirmed, with costs. No opinion.


Summaries of

Barr v. Algon Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1938
255 App. Div. 869 (N.Y. App. Div. 1938)
Case details for

Barr v. Algon Realty Corp.

Case Details

Full title:EDNA BARR and SADIE SPORN, on Behalf of Themselves and All Others…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 18, 1938

Citations

255 App. Div. 869 (N.Y. App. Div. 1938)