Witte v. Koerner

Appellate Division of the Supreme Court of New York

Witte v. Koerner

143 A.D. 948

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1911·Published

Opinion

Judgment reversed and new trial granted, costs to abide the final award of costs, upon the ground that the court having found as a fact that there was and is no access to the premises over any public highway, and that there is no public highway adjoining the premises, the conclusion of law dismissing the complaint is inconsistent therewith. Jenks, P. J., Hirschberg, Burr, Carr and Woodward, JJ., concurred.

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Judgment reversed and new trial granted, costs to abide the final award of costs, upon the ground that the court having found as a fact that there was and is no access to the premises over any public highway, and that there is no public highway adjoining the premises, the conclusion of law dismissing the complaint is inconsistent therewith. Jenks, P. J., Hirschberg, Burr, Carr and Woodward, JJ., concurred.

Witte v. Koerner, 143 A.D. 948 (N.Y. Ct. App. 1911).

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