Barr v. Algon Realty Corp.

Appellate Division of the Supreme Court of New York

Barr v. Algon Realty Corp.

255 A.D. 869, 8 N.Y.S.2d 119, 1938 N.Y. App. Div. LEXIS 5709

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1938

StatusPublished

Cited by1 cases

This text of 255 A.D. 869 (Barr v. Algon Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barr v. Algon Realty Corp., 255 A.D. 869, 8 N.Y.S.2d 119, 1938 N.Y. App. Div. LEXIS 5709 (N.Y. Ct. App. 1938).

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Opinion

Action for judgment declaring (1) that plaintiffs have easements in a sewer system in a real estate development, burdened only with easements in every other owner except owners of multiple dwellings; (2) that the right of defendant Algon Realty Corporation to connect the building on this property with the sewer system be restricted in accordance with the relief first demanded; (3) that the proposed construction of the Algon apartment house will constitute a nuisance; and (4) that defendants be perpetually enjoined from constructing the multiple dwelling and from connecting it with the sewer. Judgment dismissing complaint on the merits unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ. [166 Misc. 177.]

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Action for judgment declaring (1) that plaintiffs have easements in a sewer system in a real estate development, burdened only with easements in every other owner except owners of multiple dwellings; (2) that the right of defendant Algon Realty Corporation to connect the building on this property with the sewer system be restricted in accordance with the relief first demanded; (3) that the proposed construction of the Algon apartment house will constitute a nuisance; and (4) that defendants be perpetually enjoined from constructing the multiple dwelling and from connecting it with the sewer. Judgment dismissing complaint on the merits unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ. [166 Misc. 177.]

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Bluebook (online)

255 A.D. 869, 8 N.Y.S.2d 119, 1938 N.Y. App. Div. LEXIS 5709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barr-v-algon-realty-corp-nyappdiv-1938.

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