238 East 9th Street Corp. v. Bernich

Plaintiff sues in ejectment to oust defendant from a certain tract of land known as Lot 31 of Block 464 in the Borough of Manhattan, and to enjoin defendant from any interference with the property. Plaintiff has been awarded summary judgment.

It is elementary that in such an action plaintiff must establish his own title to the land and he may not rely on the weakness *400of defendant’s title (Roberts v. Baumgarten, 110 N. Y. 380; Sweet v. Buffalo, N. Y. & Philadelphia Ry. Co., 79 N. Y. 293). In order to show title plaintiff must establish either a chain of title going back to the sovereign or to a…