HOLDEN v. CITY OF NEW YORK


6 A.D.2d 872 (1958)

James Holden et al., Respondents, v. City of New York, Appellant

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

July 8, 1958


Judgment reversed on the law and the facts, with costs, and complaint dismissed.

Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion the evidence adduced, including the stipulated facts, was insufficient to establish that respondents had any right to install pipes or cables beneath the surface of the land, subject to the...

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