Lane v. Koenig — 201 N.Y. 580

Majority

p. 580

Mary A. Lane, Respondent, v. C. Augustus Koenig, Appellant, Impleaded with Others.

Headnote

Lane v. Koenig, 137 App. Div. 879 , modified.

(Argued February 27, 1911;

decided March 14, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term in an action to abate a nuisance and for damages.

Frank 8. Coburn for appellant.

Osear Try on for respondent.

Judgment modified by striking therefrom the mandatory provisions thereof, leaving the injunction to stand otherwise and as modified affirmed, without costs to either party; no opinion.

Concur: Gray, Werner, IIiscock, Chase and Collin, JJ. Cullen, Ch. J., and Willard Bartlett, J., dissent solely as to injunction against chimney.