Henry v. Town of Perinton — 275 A.D.2d 996

Majority

p. 996

Margaret L. Henry, Individually and as Executrix of Lena G. Henry, Deceased, Appellant, v. Town of Perinton, Respondent, et al., Defendants.

All concur, except Piper, J., who dissents and votes for reversal and for awarding judgment to the plaintiff to the premises described in the complaint on the ground that the deed in question contained a reservation and not an exception of the premises. (The judgment adjudges defendant town to have title to certain premises and awards possession of such premises to defendant town.) Present — Taylor, P. J., MeCurn, Love, Kimball and Piper, JJ.