ALLEN v. WEISS


279 A.D. 91 (1951)

Sanford Allen, Appellant, v. Hans Weiss et al., Respondents

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

November 14, 1951.


Attorney(s) appearing for the Case

James Conboy for appellant.

Malcolm G. Bibby and John J. Scully for respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

Seventeen years before the defendants acquired the Mohawk Street property in Cohoes described in the complaint their predecessors in title had constructed a concrete sidewalk on the public way in front of it.

The complaint alleges, and by a failure to deny the answer admits, that defendants "or" their predecessors in title constructed the sidewalk in 1924. In the view which we will take of the...

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