FALCO v. MINZNER


28 Misc.2d 300 (1961)

Anthony Falco et al., Plaintiffs, v. Daniel Minzner et al., Defendants.

Supreme Court, Special Term, Queens County.

March 17, 1961


Attorney(s) appearing for the Case

Dufficy & Dufficy (Thomas E. O'Brien of counsel), for plaintiffs. Shanley & McKegney (George Baron of counsel), for defendants.


GEORGE P. STIER, J.

In this action by plaintiffs seeking a court order compelling the defendants to remove gateposts and a gate extending across an easement and for incidental relief, defendants interposed a counterclaim also seeking injunctive relief restraining plaintiffs from alleged unlawful use of the said easement.

This case was submitted on an agreed statement of facts wherein defendants admitted having erected gateposts on either side...

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