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Murtagh v. White

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1951
279 App. Div. 624 (N.Y. App. Div. 1951)

Opinion

October 5, 1951.

Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ.


Upon reargument judgment reversed on the facts and a new trial granted, without costs of this appeal to any party, and matter remitted to the Special Term. Memorandum: Upon reargument and reconsideration we feel that the evidence upon the close questions as to the location of the easterly line of Geddes Street and the occupation lines should be further developed. Evidence as to the location of the occupation lines may be material in determining the easterly line of Geddes Street. In the interests of justice, we think the judgment should be reversed and a new trial granted. All concur. (Appeal from a judgment adjudging defendants to have title to certain premises and entitled to possession and the right to erect a fence thereon, but giving plaintiff right to use the premises for maintenance and repair of her buildings.)


Summaries of

Murtagh v. White

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1951
279 App. Div. 624 (N.Y. App. Div. 1951)
Case details for

Murtagh v. White

Case Details

Full title:EMMA B. MURTAGH, as Committee of the Person and Estate of ELIZABETH E…

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

Date published: Oct 5, 1951

Citations

279 App. Div. 624 (N.Y. App. Div. 1951)