MEDVIN v. GRAUER


46 A.D.2d 912 (1974)

Melvin R. Medvin et al., Appellants, v. Priscilla Grauer, Respondent

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

December 23, 1974


Order affirmed, without costs.

We agree with Special Term that, assuming plaintiffs are entitled to some relief, it does not necessarily follow that they are entitled to the mandatory injunction which they seek. Circumstances are alleged in the answering affidavit which, if not completely mitigatory of the alleged encroachment, are such as to considerably soften the retaliatory relief sought by plaintiffs. Crocker v. Manhattan Life Ins. Co. (61 App. Div. 226...

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