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LEWIS v. IDONES

280 A.D. 980 (1952)

Howard Lewis et al., Respondents-Appellants, v. Antonio Idones, Appellant-Respondent

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

November 3, 1952.

As so modified, the judgment is unanimously affirmed, without costs.

Defendant's building, the north wall of which was approximately 60 feet in length and encroached from 6½ inches to 9½ inches on plaintiffs' land, was erected about 1926 by the then owner of defendant's property. A mortgage on that property, "with the buildings and improvements thereon erected" was executed by such owner in 1928 and was foreclosed...

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