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Pierson v. Speyer

81 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1903-05-01 English

Contents

Majority

p. 1141
PIERSON et al., Respondents, v. SPEYER, Appellant.
(Supreme Court, Appellate Division, Second Department.
May 1, 1903.)

Headnote

Action by Frank R. Pierson and another against James Speyer.

The proceedings in this case should be stayed, pending an appeal to the Court of Appeals, so far as the judgment would operate to compel the appellant to take down the dam, provided, however, that in the meantime he allows the respondent to receive the water to which the judgment entitles him. An order may be made accordingly, the form thereof to be settled on notice before Mr. Justice BARTLETT.