ISCOVITZ v. FISHER


11 Misc.2d 658 (1957)

Abraham Iscovitz et al., Plaintiffs, v. Robert H. Fisher et al., Defendants.

Supreme Court, Special Term, Bronx County.

February 1, 1957.


Attorney(s) appearing for the Case

James F. Reynolds for plaintiffs.

John C. O'Malley for Raymond Fisher and another, defendants.

Bernard Lefkowitz for Sal Fusco, defendant.


FRANCIS X. CONLON, J.

Plaintiffs seek a judgment declaring that defendants had no right to construct a wall on, or to change the grade of a strip of land owned by defendants Fisher. In addition they seek a mandatory decree directing the removal of the wall and the grading.

Admittedly, there is no express provision in any deed conferring any easement upon plaintiffs or their predecessors in title over...

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