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Zimmer v. Metropolitan El. R. Co.

46 N.Y. St. Rep. 966 Court N.Y. Super. Ct. Decision date 1892-05-02 English

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Majority

p. 966
Gustav Zimmer et al., Resp’ts, v. The Metropolitan El. R. Co. et al., App’lts.

Headnote

Appeal by defendants from a judgment entered upon the report of a referee.
Davies & Rapallo, for app’lts: Sackett & Bennett, for resp’ts.

The judgment should he 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 he affirmed, without costs to either party on this appeal.

Sedgwick, Ch. J., Freedman and McAdam, JJ., concur. "