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BROOK v. SWEZEY

3 A.D.2d 747 (1957)

Gina Brook et al., Respondents, v. H. Chester Swezey, Doing Business under the Name of Gulf Marine Dock, et al., Defendants; H. E. Swezey & Son Motor Transportation, Inc., et al., Appellants-Respondents, and Greenport Wharf Company, Appellant

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

March 4, 1957

Judgment as amended by the order dated March 23, 1955 reversed on the law, with one bill of costs to respondents Swezey & Son, Gulf Oil and the Wharf Company, payable by respondents Brook, and amended complaint dismissed. The findings of fact implicit in the verdict of the jury are affirmed.

The lessees cannot be held liable for maintenance of the affected portion of the wharf merely because they were entitled to access...

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