Rathkopf v. Remsen Street Co.

In an action for a declaratory judgment and for incidental injunctive relief, the plaintiffs appeal from a judgment of the Supreme Court, *924Kings County, entered May 1, 1962, after trial before a Special Referee, upon the decision of said Referee in favo!r of the defendant, dismissing the complaint on the merits. Judgment affirmed,! without costs. Plaintiffs are the owners of real property in the vicinity of property owned by defendant upon which defendant proposed to erect an apartment house. The complaint asserts two causes of action. The first seeks a judicial declaration that the proposed…