Norwegian Lutheran Trinity Church v. Krelsovitch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Norwegian Lutheran Trinity Church of Brooklyn and Vicinity, from two orders of' the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of April, 1911, and the 29th day of June, 1911, respectively, the first' denying the plaintiff’s motion for an order directing the justice before whom the action was tried to pass upon certain propositions of fact and questions of law, and…
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Appeal by the plaintiff, Norwegian Lutheran Trinity Church of Brooklyn and Vicinity, from two orders of' the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 28th day of April, 1911, and the 29th day of June, 1911, respectively, the first' denying the plaintiff’s motion for an order directing the justice before whom the action was tried to pass upon certain propositions of fact and questions of law, and the second denying its motion for a resettlement of. the case on appeal.
1Opinion of the Court
Carr, J.:
The plaintiff appeals from two orders, entered respectively on April 28 and June 29, 1911. This action was brought in Kings county to remove a cloud upon the title to real property situate in said county. The action was tried at Special Term and resulted in a decision and judgment in favor of the defendant. At the close of the trial the court announced that it.would grant judgment for the defendant.. Thereafter the defendant served upon the plaintiff copies of a proposed decision and judgment, with notice of settlement thereof' before the trial court on the 27th day of March, 1911,…
2Cases cited2 opinions
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Van Slyke v. . HyattNew York Court of Appeals · 1871
3Cited by2 opinions
- Island Improvements, Inc. v. MayAppellate Division of the Supreme Court of the State of New York · 1930
- Norwegian Lutheran Trinity Church of Brooklyn & Vicinity v. KrelsovitchAppellate Division of the Supreme Court of the State of New York · 1912