Murphy v. Hirschman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stuard Hirschman, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 31st day of March, 1915, denying his motion to resettle the judgment herein.
1Opinion of the Court
Stapleton, J.:
The action is for the partition of real' property. When the action was commenced the plaintiff and the defendant Hirschman held the premises described in the complaint as tenants in common, each being vested with an undivided one-half interest. Pending the suit the fee in the property, for its entire frontage and for fifteen feet of its depth, vested in the city of New York. The parcel taken was acquired in invitum for street purposes. The money awarded was less in amount than the sum secured by mortgages which were liens upon the entire plot described in the complaint. An…
2Cases cited5 opinions
- Underwood v. . CurtisNew York Court of Appeals · 1891
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Youngs v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
- Sandiford v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1904
- Farmers' Loan & Trust Co. v. Westchester County Water Works Co.New York Court of Appeals · 1912
3Cited by2 opinions
- In re DiazNew York Supreme Court · 1948
- Vallejo & Northern Railroad v. Reed Orchard Co.California Court of Appeal · 1916