D'Aversa v. Guido — 244 N.Y. 590

Majority

p. 590

Frank D’Aversa, Appellant, v. Alfonso Guido, Respondent.

Headnote

Easements — injunction — damages — action to restrain interference with use of sewer — improper award of damages.

D’Aversa v. Guido, 213 App. Div. 355 , affirmed.

(Submitted January 31, 1927;

decided February 23, 1927.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department entered July 8, 1925, reversing so much of a judgment in

p. 591

favor of plaintiff, entered upon a decision of the court on trial at Special Term, as awarded damages in an action brought to restrain the defendant from interfering with the use and enjoyment by plaintiff of a sewer constructed by him through defendant’s land.

William Klein for appellant.

Philip Wolinsky for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ.