KAZANSKY v. BERGMAN


4 A.D.2d 79 (1957)

Meyer Kazansky, Respondent, v. Barnett Bergman et al., Appellants

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

May 15, 1957.


Attorney(s) appearing for the Case

Bernard Wiess and Lawrence E. Lagarenne for appellants.

Morris M. Oppenheim and Stephen L. Oppenheim for respondent.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.


HALPERN, J.

This case presents an interesting question as to the form and content of the decision which the court is required to make, upon dismissing the complaint in an action tried without a jury.

The question arises in an equity action brought by the plaintiff-respondent for an injunction against the maintenance of a dam or dike upon the premises of the defendant-appellant Bergman, which is alleged...

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