DES FOSSES v. RASTELLI


283 A.D. 1069 (1954)

Henry Des Fosses et al., Respondents, v. Santuccio Rastelli et al., Appellants

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

June 7, 1954.


Judgment modified on the law and the facts by striking out the fifth decretal paragraph and by substituting therefor: "Ordered, Adjudged, Decreed and Declared that the plaintiff, Henry Des Fosses, and his successors in title subsequent to March 29, 1947, and the plaintiff, Emilie O. Des Fosses, and her grantees (who have recorded their conveyances) prior to February 15, 1947, and each of them are entitled to use said right of way for passage of themselves, their families...

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