Utah v. Baxter ( 1949 )

Judgment affirmed, with costs, on the ground that the easement of the city, acquired by condemnation, to change the level of Lake Mahopac, is a substantial restriction on the use of the premises contracted to be sold. We pass on no other question. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ.