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Petekofsky v. Pellis-Sier

151 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1915-01-15 English

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p. 1140
PETEKOFSKY, Respondent, v. PELLIS-SIER et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
January 15, 1915.)

Headnote

Action by Sarah Petekofsky against Anthony Pellissier and others.

Judgment modified, upon questions of fact as well as of law, by striking therefrom so much thereof as enjoins defendants from permitting their premises and buildings so to be used that loud and disturbing noises proceed therefrom, and by striking from said judgment that portion thereof which awards to plaintiff the sum of $240 for rental damages, and, as so modified, judgment affirmed, without costs. The twentieth and twenty-eighth finding of fact are reversed and set aside, upon the grounds that said findings, and each of them, are unsupported by the evidence, and are contrary to said evidence and the weight thereof.