Brokaw v. Fairchild

This is an action under section 473 of the Civil Practice Act and rules 210 to 212 of the Rules of Civil Practice, in which plaintiff asks that it be declared and adjudged that the *71plaintiff, upon giving such security as the court may direct, has the right, and is authorized to remove the present structures p~a ’mprovements on or affecting the real property No. 1 East Seventy-ninth street, or any part thereof, except the party wall, and to erect new structures and improvements thereon in accordance with certain proposed plans and specifications.

Decision was reserved upon motions to dismiss.…