Jennings v. Baumann

Judgment affirmed, with costs, on the opinion of Mr. Justice Lewis at Special Term. Leave will be granted to appeal to the Court of Appeals if appellants desire to take such appeal.

Kelly, P. J., Rich, Manning and Young, JJ., concur; Kapper, J., dissents upon the ground that the encroachment complained of is not of such substantial character as to constitute a defect of title, and upon the further ground that the maintenance of the property in its present condition has been acquiesced in by the municipal authorities.

The following is the opinion of the Special Term:

Lewis, J.:

This action was…