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PLACE v. CUMMISKEY

6 A.D.2d 344 (1958)

David K. Place et al., Appellants, v. Joseph V. Cummiskey, Respondent

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

July 31, 1958.

Attorney(s) appearing for the Case

Robert P. McDowell and Sherman Moreland, III, for appellants.

James E. Personius for respondent.

BERGAN, J. P., GIBSON and HERLIHY, JJ., concur; REYNOLDS, J., not voting.

Per Curiam.

On August 27, 1953 plaintiffs conveyed to defendant by deed certain enumerated lots described on case map No. 1218 in the Chemung Clerk's office. Besides the lots they conveyed title to a street shown on the map, the following language being employed in the deed: "designated as `Lena Place' (which name for said thoroughfare shall be retained)".

The complaint which is cast in the form of an action...

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