Levine v. Goldsmith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gustavus A. Goldsmith, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of August, 1901, upon the decision of the court rendered at the New York Special Term after a trial of the issues before a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 22d day of March, 1901,…
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Appeal by the defendant, Gustavus A. Goldsmith, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of August, 1901, upon the decision of the court rendered at the New York Special Term after a trial of the issues before a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 22d day of March, 1901, appointing said referee. Also a motion by the defendant, Gustavus A. Goldsmith, for a new trial, pursuant to section 1001 of…
1Opinion of the Court
Laughlin, J. :
This is an action for the partition of three parcels of land, each being two lots in width and having upon it two apartment buildings. The plaintiff alleges that he and the appellant are seized and possessed of the premises as tenants in common, each owning a one-half interest therein subject to the contingent right of dower of their respective wives, who are the other defendants, and have not answered. It is alleged in the complaint, and admitted by appellant’s answer, that the premises cannot be partitioned without great prejudice to the owners and that all the parties are of…
2Cases cited4 opinions
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
- Rich v. RichNew York Supreme Court · 1888
- Columbia Mutual Building & Loan Ass'n v. MittnachtAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- George v. BridbordAppellate Division of the Supreme Court of the State of New York · 1985
- Goldberger v. RudnickiAppellate Division of the Supreme Court of the State of New York · 2012
- Corbett v. FlemingAppellate Division of the Supreme Court of the State of New York · 1909
- Hicks Beach Co. v. FrostNew York Supreme Court · 1917
- Fairweather v. BurlingAppellate Division of the Supreme Court of the State of New York · 1904
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