Harway Improvement Co. v. Partridge

This action, begun in 1916 for the partition of real property, resulted in the entry of a judgment on the 9th day of December, 1920, decreeing that plaintiff and the defendant Partridge were the owners of the upland described in the complaint. (Mod. and affd., 203 App. Div. 174; affd., 236 N. Y. 563.) The order from which this appeal is taken denies a motion made under the provisions of subdivision 1 of section 878 of the Civil *596Practice Act, which -provides that “ Where it appears that the defendant, during the pendency of the action, is doing or procuring or suffering to be done, or…