Utah v. Baxter — 300 N.Y. 610

Majority

p. 610

Louis Utah, Respondent, v. Lester W. Baxter et al., Appellants, et al., Defendants.

Argued November 28, 1949;

decided December 29, 1949.

p. 611

Stanley S. Green and William Weiss for appellants.

Copal Mints and Murray II. Yachnin for respondent.

Judgment affirmed, with costs, on the ground that the easement of the city, acquired by condemnation, to change the level of Lake Mahopac, is a substantial restriction on the use of the premises contracted to be sold. We pass on no other question. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ.