Farrer v. Piecuch

Appellate Division of the Supreme Court of New York

Farrer v. Piecuch

279 A.D. 975, 111 N.Y.S.2d 589, 1952 N.Y. App. Div. LEXIS 5484

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

DecidedMarch 12, 1952

StatusPublished

Cited by1 cases

This text of 279 A.D. 975 (Farrer v. Piecuch) 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.

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Farrer v. Piecuch, 279 A.D. 975, 111 N.Y.S.2d 589, 1952 N.Y. App. Div. LEXIS 5484 (N.Y. Ct. App. 1952).

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Opinion

Memorandum: In view of the extraordinary circumstances set forth in appellants’ moving papers, we have again given careful consideration to the original record. We call attention to our decision, wherein we held that, while the respondents could maintain the action in trespass for damages, we could not and did not pass upon or determine the rights of any of the parties in and to the disputed or “filled-in” area. Such rights may properly be determined in an action brought for that purpose. Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 278 App. Div. 1011.]

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Memorandum: In view of the extraordinary circumstances set forth in appellants’ moving papers, we have again given careful consideration to the original record. We call attention to our decision, wherein we held that, while the respondents could maintain the action in trespass for damages, we could not and did not pass upon or determine the rights of any of the parties in and to the disputed or “filled-in” area. Such rights may properly be determined in an action brought for that purpose. Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See 278 App. Div. 1011.]

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279 A.D. 975, 111 N.Y.S.2d 589, 1952 N.Y. App. Div. LEXIS 5484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrer-v-piecuch-nyappdiv-1952.

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