ROGERS v. ASS'N FOR HELP OF RETARDED CHILDREN, INC.


281 A.D. 978 (1953)

Clifford T. Rogers et al., Respondents, v. Association for the Help of Retarded Children, Inc., Appellant

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

April 7, 1953.


Judgment reversed on the law and the facts, with costs, and complaint dismissed, without costs.

Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. We agree with the Special Term that plaintiffs may maintain this action because there is proof that their property was materially damaged in pecuniary value by reason of defendant's use of the property. (Marcus v. Village of Mamaroneck, 283 N...

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