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LEVY v. T. C. A. HUDSON ST.

28 A.D.2d 96 (1967)

Norman F. Levy et al., Appellants-Respondents, v. T.C.A. Hudson Street Incorporated, Respondent-Appellant, et al., Defendant

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

July 6, 1967.

Attorney(s) appearing for the Case

Alvin I. Goidel of counsel (Warren M. Goidel with him on the brief; Harry A. Goidel, attorney), for appellants-respondents.

Ruth Schoonmaker of counsel (Frederick P. Glick, attorney), for respondent-appellant.

STEUER and RABIN, JJ., concur with McNALLY, J.; STEVENS, J. P., dissents in opinion in which EAGER, J., concurs.

McNALLY, J.

Plaintiffs' motion for summary judgment on the first cause of action should be granted. Plaintiffs seek the removal of an encroachment on and to enjoin further interference with plaintiffs' right of way.

Plaintiffs own real property located at the southeast corner of Greenwich and Desbrosses Streets in the County of New York known as 9-13 Desbrosses Street and 443-453 Greenwich Street. It...

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