FAVA v. RASWEILER


279 A.D. 770 (1951)

Edward Fava et al., Appellants, v. Carl Rasweiler et al., Respondents

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

December 28, 1951.


Judgment modified, on the law and the facts, so as to provide that as against defendant Lloyd Carl Rasweiler the complaint be dismissed on the merits, and as to defendants Carl Rasweiler and George P. Rasweiler the complaint be dismissed, without prejudice. As so modified, the judgment is affirmed, with one bill of costs to respondents.

There is no proof whatever that defendant Lloyd Carl Rasweiler, a co-owner with defendant Carl Rasweiler of one of the parcels involved...

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