Legal Opinion

Smith v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1910PublishedCited by 2 opinions

Appeal by the defendant, Gaetano de Nicola, 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 Kings on the 13th day of October, 1910.

1Opinion of the Court

Thomas, J.: '

This is an appeal from an order vacating, upon motion, an ex parte order .allowing the appellant to appear and answer in an action for registration of title. Smith, plaintiff, and. Nicola, appellant, own adjoining premises, with a party wall between. The complaint alleges that the plaintiff’s line runs through the center of the party wall. Nicola in his affidavit nowhere states that he owns any interest in the premises, or that the line runs through the party wall, otherwise than as stated in the complaint, and gives no reason whatever for becoming a party save “that the judgment…

2Cases cited1 opinion

  1. Duffy v. ShirdenAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. Hawes v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
  2. Sundermann v. PeopleAppellate Division of the Supreme Court of the State of New York · 1911

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