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SIMMONS v. WESTWOOD APARTMENTS CO., INC.

26 A.D.2d 764 (1966)

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.

July 1, 1966

Judgment unanimously affirmed, without costs of this appeal to either party. New finding of fact made.

Memorandum:

This is the second time that this case has been before us. Upon the first appeal, we reversed a judgment in favor of the plaintiffs and granted a new trial (23 A.D.2d 528). Both the first and second trials were without juries. Upon the first appeal, the plaintiffs claimed title to a strip of land 10½-feet...

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