Village of Pleasantville v. Siciliano

The plaintiff herein seeks a mandatory injunction to compel the defendants to remove so much of the building owned by defendants and situate on the northerly side of Rebecca avenue, in the village of Pleasantville, N. Y., as encroaches upon said avenue.

The defendants erected the building in question about five years ago. It is the claim of the plaintiff that this building encroaches upon Rebecca avenue to the extent of from five feet to approximately nine feet eight inches.

The question for determination is whether Rebecca avenue is a public street eighty feet in width. If so, then this…