Eisner v. Curiel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mark H. Eisner, from so much of an interlocutory judgment of the. Supreme Court in favor of the defendant, Mary E. Guriel, entered in the office of the clerk. of the county of New York on the 14th day of January, 1896, upon the decision of the court rendered after a trial at the New York Special Term, as overrules the plaintiff’s demurrer to the second defense contained in the answer of the defendant, Mary E. Guriel.
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Appeal by the plaintiff, Mark H. Eisner, from so much of an interlocutory judgment of the. Supreme Court in favor of the defendant, Mary E. Guriel, entered in the office of the clerk. of the county of New York on the 14th day of January, 1896, upon the decision of the court rendered after a trial at the New York Special Term, as overrules the plaintiff’s demurrer to the second defense contained in the answer of the defendant, Mary E. Guriel. The action was brought for the partition of the premises No. 322 East Fourteenth street, in the city of New York. The complaint alleges that the premises…
1Opinion of the Court
Barrett, J.:
If this is to be treated as an action solely for the partition of the life estates,_ the plaintiff has undoubtedly brought in all the parties-required by the statute. Upon a careful consideration of the complaint, we think his action should be thus treated. The averments-; and the prayer are confined to these life estates. There is no alie*524gation upon which partition and sale generally can be decreed. The question whether an action will lie for the partition of the life ■ estates apart from an action for the partition and sale of. the fee, is not before us upon the demurrer to the…
2Cases cited3 opinions
- Lent v. . HowardNew York Court of Appeals · 1882
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Delafield v. . BarlowNew York Court of Appeals · 1887
3Cited by3 opinions
- Eisner v. CurielNew York Supreme Court · 1897
- Brady v. HansonNew York Supreme Court · 1910
- Brady v. HansonNew York Supreme Court · 1910