Simmons v. Capra
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Habéis, J.
Beview of an order which order dismissed an amended complaint herein under rule 106 of the Buies of Civil Practice, on the ground of insufficiency as shown on the face of such amended complaint.
In form, the action is one for reformation of deeds of two certain adjoining parcels' of land, one parcel deeded to the defendants Capra, and the other to the plaintiffs; what is involved is the determination of the location of the line between the separate premises now occupied by the plaintiffs and by the defendants Capra.
Examination of the complaint shows the following to be alleged: At…
2Cases cited8 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Amend v. HurleyNew York Court of Appeals · 1944
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Bartlett v. . JuddNew York Court of Appeals · 1860
- International Photo Recording Machines, Inc. v. Microstat Corp.Appellate Division of the Supreme Court of the State of New York · 1945
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3Cited by3 opinions
- Kearney v. Atlantic Cement Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1981
- Happy Lake House, LLC v. CrossAppellate Division of the Supreme Court of the State of New York · 2026