Bowler v. Apex Builders, Inc.

Appellate Division of the Supreme Court of New York

Bowler v. Apex Builders, Inc.

259 A.D. 834, 19 N.Y.S.2d 501, 1940 N.Y. App. Div. LEXIS 6914

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

DecidedApril 15, 1940

StatusPublished

Cited by2 cases

This text of 259 A.D. 834 (Bowler v. Apex Builders, Inc.) 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

Bowler v. Apex Builders, Inc., 259 A.D. 834, 19 N.Y.S.2d 501, 1940 N.Y. App. Div. LEXIS 6914 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action for a mandatory injunction for the removal of certain obstructions upon a right of way created by a declaration of easement. Judgment which, among other things, decrees that appellants and others have abandoned any and all rights which they possessed in and to certain easements granted by a declaration of easement in writing, reversed on the law and a new trial granted, with costs to appellants, to be paid by the plaintiffs, to abide the event. All findings of fact are reversed and conclusions of law disapproved. After the action was commenced and partly tried the appealing defendants were brought into the action by orders as parties defendant. They were not parties to the stipulation of settlement upon which the decision was made and judgment entered. Notwithstanding the fact that they have never been afforded an opportunity of presenting evidence in the action, affirmative relief has been granted against them. Before the new trial is had all the parties whose rights are affected by the action should be made parties and afforded an opportunity to be heard. Lazansky, P. J., Carswell, Johnson, Adel and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Action for a mandatory injunction for the removal of certain obstructions upon a right of way created by a declaration of easement. Judgment which, among other things, decrees that appellants and others have abandoned any and all rights which they possessed in and to certain easements granted by a declaration of easement in writing, reversed on the law and a new trial granted, with costs to appellants, to be paid by the plaintiffs, to abide the event. All findings of fact are reversed and conclusions of law disapproved. After the action was commenced and partly tried the appealing defendants were brought into the action by orders as parties defendant. They were not parties to the stipulation of settlement upon which the decision was made and judgment entered. Notwithstanding the fact that they have never been afforded an opportunity of presenting evidence in the action, affirmative relief has been granted against them. Before the new trial is had all the parties whose rights are affected by the action should be made parties and afforded an opportunity to be heard. Lazansky, P. J., Carswell, Johnson, Adel and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D. 834, 19 N.Y.S.2d 501, 1940 N.Y. App. Div. LEXIS 6914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowler-v-apex-builders-inc-nyappdiv-1940.

Opinion

Related

Cite This Page — Counsel Stack