Burchell v. Burchell
New York Supreme Court
Motion to confirm a referee’s report made after entry of final judgment.
1Opinion of the CourtCropsey, J.
Here is a motion to confirm a referee’s report made after the entry of final judgment in a partition action holding the defendant Morrison liable for the rental válue of a portion of the property affected by the action. The judgment provided that the question of the liability of Morrison for the use and occupation of the premises in question be reserved and determined after the entry of judgment. Morrison objects to the confirmation of the report and claims he should not be charged with the rental value of any portion of the property.
If Morrison is to be charged with the rental value of the…
2Cases cited11 opinions
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Valentine v. . HealeyNew York Court of Appeals · 1899
- Zapp v. . MillerNew York Court of Appeals · 1888
- Hawkins v. Trustees of RochesterNew York Supreme Court · 1828
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3Cited by5 opinions
- In re the Estate of BursteinNew York Surrogate's Court · 1934
- In re WoodCourt of Appeals for the Second Circuit · 1921
- In re the Estate of HazleyNew York Surrogate's Court · 1938
- Burchell v. BurchellAppellate Division of the Supreme Court of the State of New York · 1917
- Petrone v. PetroneAppellate Division of the Supreme Court of the State of New York · 1936