Legal Opinion

Van Deventer v. Foster

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

Decided October 9, 1903Published

Appeal from Municipal Court of City of New York. Summary proceedings by Andrew K. Van Deventer against Smith Foster. From a final order directing defendant’s removal from the property, he appeals.

1Opinion of the CourtHirschberg, J.

This proceeding is instituted under subdivision 4 of section 2232 of the Code of Civil Procedure, for the summary removal of the appellant as a squatter or intruder upon real property claimed to be owned by the respondent. The property consists of the westerly portion of Rockaway Beach, in the County of Queens, bounded south and west by the Atlantic Ocean and north by Rockaway Inlet and Jamaica Bay, and the respondent claimed to have been the owner of it by deed for a period of two years preceding the filing of the petition. The appellant filed a verified answer to the petition, and a jury…

2Cases cited7 opinions

  1. Quinn v. QuinnAppellate Division of the Supreme Court of the State of New York · 1899
  2. Dorschel v. BurklyAppellate Terms of the Supreme Court of New York · 1896
  3. Sage v. CrosbyAppellate Terms of the Supreme Court of New York · 1900
  4. In re WhiteNew York Supreme Court · 1883
  5. Russo v. YuzolinoAppellate Terms of the Supreme Court of New York · 1896

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