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Burggraf v. Metropolitan El. R. Co.

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

Contents

Majority

p. 966
Eliza A. Burggraf 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 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 forty-eighth finding of fact, ahd as thus modified it should he affirmed, without costs to either party on this appeal.

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