WATTERS v. PEOPLE


12 A.D.2d 886 (1961)

David Watters et al., Respondents, v. The People of the State of New York, Appellant

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

January 12, 1961


Judgment unanimously affirmed, with costs.

Memorandum:

We do not understand that the trial court attempted to pass upon the rights of the parties as to ingress and egress or otherwise beyond the boundaries of the premises described in the complaint. Therefore, we do not attempt to pass upon such rights, if any. We recognize the mandatory language of section 1024 of the Civil Practice Act relating to the appointment of commissioners. We agree, however, with...

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