SIMMONS v. WESTWOOD APARTMENTS CO., INC.


23 A.D.2d 528 (1965)

John R. Simmons et al., Appellants, v. Westwood Apartments Company, Inc., Respondent

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

January 14, 1965


Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

This appeal is from a judgment, following a trial without a jury, which dismissed the appellants' complaint seeking damages for trespass to real property and an injunction against the continuance of the trespass. In 1956 the appellants acquired title to a substantial tract of land the northern boundary of which extended 442...

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