Legal Opinion

Sacandaga Realty Corp. v. Henes

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1916PublishedCited by 1 opinion

Appeal by the plaintiff, Sacandaga Realty Corporation, from a determination and order of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of March, 1916, affirming a judgment of the Municipal Court of the City of New York, borough of Manhattan, first district. An appeal is also taken from the judgment of the Municipal Court.

1Opinion of the Court

McLaughlin, J. :

This appeal is from a determination of the Appellate Term which affirmed a judgment of the Municipal Court of the City of Hew York, dismissing the complaint.

The facts are undisputed. The plaintiff was the purchaser at a partition sale of certain real estate. The defendant, prior to the sale, was the owner as tenant in common of an equal undivided one-eighth interest in the property and as such was a party to the partition action. - On June 3, 1915, the property was sold at public auction to one Pfeiffer, who thereafter duly assigned to the plaintiff his right and interest in…

2Cases cited3 opinions

  1. Cowen v. ArnoldNew York Supreme Court · 1890
  2. In re EddyNew York Supreme Court · 1881
  3. Anderson v. CarellAppellate Terms of the Supreme Court of New York · 1909

3Cited by1 opinion

  1. In re the Judicial Settlement of the Account of the First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1924

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