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WANGER v. ZEH

26 A.D.2d 729 (1966)

David Wanger, as Executor of Benjamin Wanger, Deceased, Respondent-Appellant, v. Lester Zeh et al., Appellants-Respondents

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

July 7, 1966

HERLIHY, J.

The facts are concisely set forth in 45 Misc.2d 93. The issue on this appeal is whether or not, assuming the plaintiff's title was unmarketable due to the encroachment of the front porch of the premises on a public street, the asssumed encroachment was cured by the plaintiff within a reasonable time and in a proper manner. It appears that any cure prior to the decision of Special Term would have been...

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