NATALE v. MAZZUKI


278 A.D. 591 (1951)

Matthew J. Natale et al., Copartners Doing Business under the Name of "80 Club", Appellants, v. Joseph Mazzuki, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1951.


As so modified, the order is affirmed, without costs.

The complaint alleges that the buildings of the parties adjoin. On the argument of the appeal, counsel agreed that the case could be disposed of on the assumption that the walls do abut. The complaint alleges that the encroachment is on an area three inches by about fifty feet. In the first separate defense respondent, relying on the provisions of sections 990 et seq. of the Civil Practice Act, alleges that...

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