GUICHARD v. CITY OF NEW YORK


4 A.D.2d 676 (1957)

William Guichard, Appellant, v. City of New York, Respondent, et al., Defendant

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

June 3, 1957


Judgment affirmed, with costs.

No opinion.

Wenzel, Acting P. J., and Murphy, J., dissent and vote to reverse and to grant judgment in favor of appellant, with the following memorandum:

Respondent on its own admission acquired neither title nor a permanent easement to the property in question. In 1934 respondent requested permission of the then owner to use the property "as a temporary storm drain". The fact...

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