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EPSTEIN v. BARDONIA PARK HOMES, INC.

12 A.D.2d 980 (1961)

Morton M. Epstein et al., Respondents, v. Bardonia Park Homes, Inc., Appellant

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

February 27, 1961

Order affirmed, with $10 costs and disbursements.

No opinion.

Kleinfeld, J., dissents and votes to reverse the order and to grant the motion for judgment on the pleadings dismissing the complaint, with the following memorandum:

The agreement provides that defendant "may enter upon" plaintiffs' land "for the sole purpose of" widening and deepening a stream running from defendant's land to plaintiffs...

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