Majority
p. 461Rosa Scheier, Respondent v. The Metropolitan Elevated Railway Company, et al., Appellants. Decided May 2, 1892. Before Sedgwick, Ch. J., Freedman and McAdam JJ.
Headnote
Appeal by defendants from judgment entered upon the report of a referee in favor of plaintiff.Davies & Rapallo, for appellants. Sackett & Bennett, for respondent.
Judgement modified by requiring delivery by plaintiff to defendants at the time • of delivery of the conveyance described in the judgment, of a release of the property rights in question, executed by the holder of the mortgages existing upon the premises, and as modified affirmed without costs to either party.