Mitchell v. Einstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lucy B. Mitchell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 14th day of April, 1904, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
This is an action under section 1638 of the Code of Civil Procedure to determine claims to real property. The premises in question are that part of the former bed of the Bloomingdale road constituting the westerly half of the road between the southerly line of Ninety-seventh street and the center line of the block lying between Ninety-sixth and Ninety-seventh streets. On the 7th day of March, 1868, when the Bloomingdale road north of Eighty-sixth street was discontinued pursuant to the provisions of an act of the Legislature (Laws of 1867, chap. 697) by the filing of a map…
2Cases cited14 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Tifft v. . City of BuffaloNew York Court of Appeals · 1880
- Deering v. . ReillyNew York Court of Appeals · 1901
- Masten v. . OlcottNew York Court of Appeals · 1886
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3Cited by5 opinions
- Kowalsky v. FamiliaNew York Supreme Court · 1972
- In re the Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- Kahn v. Richard L. Walsch Co.Appellate Terms of the Supreme Court of New York · 1911
- Manning v. PoundsConnecticut Appellate Court · 1963
- Ball v. BallNew York Supreme Court · 1930