Hyperlawhypertext legal database Zimmer v. Metropolitan Elevated Railway Co. 61 N.Y. Super. Ct. 461

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Zimmer v. Metropolitan Elevated Railway Co.

61 N.Y. Super. Ct. 461 29 Jones & S. 461 Court N.Y. Super. Ct. Decision date 1892-05-02 English

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p. 461
Gustav Zimmer, et al., Respondents v. The Metropolitan Elevated Railway Company, et al., Appellants.
Decided May 2, 1892.

Headnote

Appeal by defendants from judgment entered upon the report of a referee in favor of plaintiffs.
Davies & Rapallo, for appellants. Sackett
p. 462
& Bennett, for respondents.
Before Sedgwick, Ch. J., Freedman and McAdam, JJ.

Judgment modified by requiring delivery by plaintiffs 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 mortgage existing upon the premises, and as modified affirmed, without costs to either party.