GERBIG v. ZUMPANO


13 Misc.2d 357 (1958)

Harry J. Gerbig et al., Plaintiffs, v. Rose Zumpano, Defendant.

Supreme Court, Special Term, Bronx County.

February 25, 1958.


Attorney(s) appearing for the Case

William J. Kalt and S. Peter La Rosa for plaintiffs.

Pierce V. Brennan for defendant.


MATTHEW M. LEVY, J.

This is an action to enjoin the defendant from using the plaintiffs' land and to compel the defendant to remove certain encroachments built thereon. The trial proceeded upon an agreed statement of facts, the submission of exhibits, an inspection of the premises involved, and the proffer of certain testimony. The crucial facts follow:

In 1869, Charles Darke, the owner of a large tract...

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