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Zimmer v. Metropolitan El. Ry. Co.

18 N.Y.S. 959 Court General Term. Decision date 1892-05-02 English

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p. 959
Zimmer et al., Respondents, v. Metropolitan El. Ry. Co. et al., Appellants.
(Superior Court of New York City,
General Term.
May 2,1892.)

Headnote

Appeal from judgment on report of referee.
Action by Gustav Zimmer and another against the Metropolitan Elevated Railway Company and another.
Argued before Sedgwick, C. J., and Freedman and MoAdam, JJ.
Davies & Rapallo, for appellants. Saekett & Bennett, for respondents.

The judgment should be modified by requiring the plaintiffs, at the time of the delivery of their deed, as in said judgment provided, to also deliver to the defendants a release of the property duly executed by the mortgagee of the premises mentioned in the thirty-seventh finding of fact, and, as thus modified, it should be affirmed, without costs to either party on this appeal.