BUCKELS v. PALLONE


22 N.Y.2d 866 (1968)

Davis E. Buckels, Individually and as President of Treeland Circle Homeowners Association, Appellant, v. Pat Pallone et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 2, 1968.


Attorney(s) appearing for the Case

G. Robert McAllister for appellant.

Lee Alexander for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and KEATING. Judge JASEN dissents and votes to reverse in an opinion in which Judge BREITEL concurs.


Order affirmed, with costs, on the opinion at the Appellate Division.

JASEN, J. (dissenting).

Defendants are the owners of lot No. 177 in Terrytown Tract, Section B, located west of the City of Syracuse in the County of Onondaga. Lot No. 177, approximately 20,000 square feet in area, is a pie-shaped parcel in a portion of the tract bounded by Treeland Circle. Terrytown Tract, as laid out in a map filed...

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