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McGraw v. Selkis

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1935
245 App. Div. 786 (N.Y. App. Div. 1935)

Opinion

June, 1935.


Appellant became the purchaser of real property at a mortgage foreclosure sale. He is seeking to be relieved of his bid which amounted to $13,500 on the ground that there is an encroachment on the premises. It is conceded that there is an encroachment which defendants placed there. The extent of such encroachment extends a distance of thirty-five and one-tenth feet and is seven and three-tenths feet in depth on the easterly side and seven and five-tenths feet on the northerly side. The value of the land thus encroached upon as testified to by witnesses varies from twenty-five dollars to sixty-seven dollars and fifty cents. The Special Term directed appellant to complete his purchase and awarded him $350 as compensation for the encroachment and directed him to convey to respondent and the latter's brother a conveyance of the land upon which the encroachment exists. Order modified by increasing from $350 to $500 the compensation which appellant is to receive for the lands which he is directed to convey to respondent; and also by directing respondent to remove from the premises which appellant is required to take the gasoline tank and attachments now under any portion of the premises; and as so modified affirmed, with ten dollars costs and disbursements. Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.


Summaries of

McGraw v. Selkis

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1935
245 App. Div. 786 (N.Y. App. Div. 1935)
Case details for

McGraw v. Selkis

Case Details

Full title:JAMES A. McGRAW, Respondent, v. GEORGE SELKIS and Others, Defendants; JOHN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 1, 1935

Citations

245 App. Div. 786 (N.Y. App. Div. 1935)

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