BALAN v. RUSSIK


286 A.D. 1134 (1955)

Stephen Balan, as President of Aqua-Terra Sportsmen's Club, Respondent, v. Stanley Russik, Appellant, et al., Defendant

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

November 16, 1955.


The defendant-appellant Stanley Russik was, with his wife Theresa Russik, who does not appeal, owner of land through which ran a stream. Appellant was a member of the Aqua-Terra Sportsmen's Club for which plaintiff sues as president for the specific performance of a contract to sell real estate. The members of the club wanted to construct a dam and to flood lands to make a lake for the club's use on appellant's land, and the Special Term has found on an abundant record that...

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