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O'BRIEN v. ANNARELLA

29 A.D.2d 890 (1968)

William O'Brien, Appellant, v. Anthony Annarella, Respondent

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

March 25, 1968

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:

Defendant operated a bar on the ground floor of a two-story building in Queens. The building had a set-back for the second story, so that it had two roofs — one on top of the first story, the other on top of the second story. On the second-story roof were pigeon coops owned by defendant. The only access to the pigeon...

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