City of Syracuse v. Hogan

Headnote

Real property - — ■ title — streets — action to remove alleged encroachment upon street.

City of Syracuse v. Hogan, 204 App. Div. 902 , reversed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial

department, entered December 29, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, which adjudged that Salina street is one of the public streets of the city of Syracuse, dedicated to and used by the public for street purposes, and that appellant is incumbering a part of said street in front of his premises with permanent structures, enjoining him from continuing such obstructions, and directing him to remove the same and restore the street for its full width of ninety-nine feet in front of his premises to the condition it would be in if such obstructions were riot there, and correcting appellant’s deed and the mortgages held by other defendants so as to exclude therefrom that portion of the street included in the respective descriptions of such deeds and mortgages.