Gersten v. Weinberg

Appellate Division of the Supreme Court of New York

Gersten v. Weinberg

235 A.D. 750

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1932·Published

Opinion

The judgment in so far as it fixes the diminution in rental value of the demised premises is reversed on the law and the facts, and a new trial granted solely as to the damages sustained by the plaintiffs by reason of the interference with the right of ingress and egress to and from the demised premises from the lane in the rear, caused by the new construction. In all other respects the judgment is affirmed. All concur. The court reverses finding of fact 21.

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The judgment in so far as it fixes the diminution in rental value of the demised premises is reversed on the law and the facts, and a new trial granted solely as to the damages sustained by the plaintiffs by reason of the interference with the right of ingress and egress to and from the demised premises from the lane in the rear, caused by the new construction. In all other respects the judgment is affirmed. All concur. The court reverses finding of fact 21.

Gersten v. Weinberg, 235 A.D. 750 (N.Y. Ct. App. 1932).

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