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BARCA v. FERGUSON

283 A.D. 743 (1954)

Thomas Barca et al., Appellants, v. James Ferguson et al., Respondents, et al., Defendants

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

February 23, 1954.

Judgment, insofar as appealed from, affirmed, with costs. Appeal from findings and from refusals to find dismissed, without costs.

A mandatory direction to remove part of respondents' building was properly refused. The deed to appellants from the Garrisons indicates that "any" right of way which had been granted to the Garrisons by respondents was only such as was exercisable in view of the actual condition of the five-foot...

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