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GIANNA v. JAEGER

283 A.D. 1090 (1954)

Biagio Gianna et al., Respondents, v. Margaret C. Jaeger, Appellant

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

June 21, 1954.

Judgment reversed on the law and the facts, and new trial granted, with costs to abide the event. Appeals from the orders dismissed as academic, without costs.

Under all the circumstances disclosed in the record the interests of justice require a new trial.

Beldock, J., dissents and votes to modify the judgment by granting relief in accordance with the Official Referee's original decision of December 24, 1952, to wit, granting plaintiffs an easement...

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