Hyperlawhypertext legal database Witte v. Koerner 128 N.Y.S. 1151

← Cases

Witte v. Koerner

128 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1911-03-17 English

Contents

Majority

p. 1151
WITTE, Appellant, v. KOERNER, Respondent.
(Supreme Court, Appellate Division, Second Department.
March 17, 1911.)

Headnote

Action by Alexis Witte against Elizabeth Koerner.

Judgment reversed, and new trial granted, costs to abide the final award of costs, upon the ground that, the court having found as a fact that there was and is no access to the premises over any public highway and that there is no public highway adjoining the premises, the conclusion of law dismissing the complaint is inconsistent therewith. See, also, 123 App. Div. 824 , 108 N. Y. Supp. 560 .