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ROSSI v. SIERCHIO

30 N.J. Super. 575 (1954)

105 A.2d 687

PELLEGRINO A. ROSSI AND HELEN ROSSI, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. ANNA SIERCHIO AND DAN S. SIERCHIO, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1954.

Attorney(s) appearing for the Case

Mr. Saul Tischler argued the cause for plaintiffs-appellants (Mr. Emanuel S. Lowinger, attorney).

Mr. George L. Sachs argued the cause for defendants-respondents (Mr. David B. Geltzeiler, attorney).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by CLAPP, S.J.A.D.

The issues brought up by this appeal and cross-appeal are twofold: whether, as defendants contend, the right of way here has been lost through estoppel or abandonment; and if not, whether, as plaintiffs contend, a mandatory injunctive order should issue to compel the defendants to remove a four-car garage erected by defendants in 1950, obstructing the right of way. The court below sustained the easement, but...

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