FISHER v. WYKERT


26 A.D.2d 681 (1966)

Nellie Fisher, Respondent-Appellant, v. Jacob Wykert et al., Appellants-Respondents

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

July 6, 1966


Judgment modified on the law and the facts (1) by striking out its third decretal paragraph, which provides that "the question of whether or not plaintiff has riparian rights [in the canal lying on the easterly boundary of her property] has not been shown and is not decided"; and (2) by striking out of its fourth decretal paragraph the words which qualify the dismissal of the complaint as "without prejudice" and by providing therein that the dismissal, insofar as directed...

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