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NICHOLSON v. 300 BWAY. REALTY

6 A.D.2d 627 (1958)

Frederick A. Nicholson et al., Appellants, v. 300 Broadway Realty Corporation, Respondent

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

December 10, 1958.

Attorney(s) appearing for the Case

Cogan & Cogan (John R. Davison of counsel), for appellants.

Arthur J. Harvey for respondent.

BERGAN, J. P., GIBSON and REYNOLDS, JJ., concur.

HERLIHY, J.

The following facts are those alleged in the complaint and must be accepted as true for purposes of the motion to dismiss.

In 1929 The Embossing Company and Aaron Nicholson owned adjoining properties now owned by defendant and plaintiffs. On October 7, 1929 Embossing and Nicholson entered into an agreement by which Nicholson consented to the construction and maintenance of a D. and H. switch...

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