ROCHE v. CERRATO


8 A.D.2d 846 (1959)

Michael Roche et al., Respondents, v. Luigi Cerrato et al., Appellants

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

June 22, 1959


Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. Findings of fact numbered 7, 8 and 9 are reversed.

Appellants acquired title to their property in 1950. The dwelling was built in 1907. Respondents purchased their property in 1956, and the dwelling thereon was constructed in 1915. A paved driveway existed between the houses as of 1936. In 1938 appellants' grantor procured a permit to cut the curb, and also repaired the...

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