Simmons v. Westwood Apartments Co.

Judgment unanimously affirmed, without costs of this appeal to either party. New finding of fact made. Memorandum: This is the second time that this ease has been before us. Upon the first appeal, we reversed a judgment in favor of the plaintiffs and granted a new trial (23 A D 2d 528). Both the first and second trials were without juries. Upon the first appeal, the plaintiffs claimed title to a strip of land 10%-feet wide immediately east of the east boundary of Whedon Road. They contended that a deed which they had given previously to Grand Union, the defendant’s predecessor in title, *765contai…