VAN VALKENBURGH v. LUTZ


304 N.Y. 95 (1952)

Marion L. Van Valkenburgh, Plaintiff, and Joseph D. Van Valkenburgh, Appellant, v. Mary Lutz, Individually and as Executrix of William Lutz, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided April 23, 1952


Attorney(s) appearing for the Case

John F. Loonam for appellant.

Thomas P. Mesick for respondent.

LEWIS, CONWAY and FROESSEL, JJ., concur with DYE, J.; FULD, J., dissents in opinion in which LOUGHRAN, Ch. J., and DESMOND, J., concur.


DYE, J.

These consolidated actions were brought to compel the removal of certain encroachments upon plaintiffs' lands, for delivery of possession and incidental relief. The subject property consists of four unimproved building lots designated as 19, 20, 21 and 22 in block 54 on the official tax map of the city of Yonkers, N. Y. These lots together form a parcel somewhat triangular in shape with dimensions of approximately...

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