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McKee v. New York Elevated Railroad

86 N.Y. Sup. Ct. 614 Court N.Y. Gen. Term English

Judges Present — O’Brien, Follett and Parker, JJ.

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p. 614
Thomas J. McKee and Others, as Executors, etc., Respondents, v. New York Elevated Railroad Company, Appellant.

Judgment modified, as directed in opinion, with costs to appellant.—

For the reasons given in the opinion, herewith handed down in the case of McKee v. The N. Y. El. R. R. Co. (Action No. 1), the judgment herein should be modified by striking out the alternative as to the payment of the money and receiving the release or conveyance, and by directing .that an injunction absolute issue, unless, within six months after the entry of the order upon this appeal, the defendant shall have condemned such easements, with costs to appellant.

Present — O’Brien, Follett and Parker, JJ.