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McAnerney v. Bernstein

110 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1908-05-29 English

Decision Majority — PER CURIAM. · Dissent — ElcLAUGHLIN, J.

Contents
p. 1136
McANERNEY et al. v. BERNSTEIN et al.
(Supreme Court, Appellate Division, First Department.
May 29, 1908.)

Headnote

Appeal from Special Term. Action by Daniel McAnemey and another against Harris Bernstein and others. Judgment for plaintiffs, and defendants appeal. Affirmed.
A. G. Reeves, for appellants.
J. A. Dutton, for respondents.

Judgment affirmed, with costs.

I dissent, on the ground that the reservation contained in the deed of the property in question was a reservation only of the right to collect damages accruing down to the time of the conveyance by the plaintiff to Bernstein and Savis, and under the twenty-fifth finding of fact I do not see how this judgment can be sustained.