Russel v. Russel

On this submission of a controversy pursuant to section 546 of the Civil Practice Act, the parties seek a determination in respect of the right to possession of a part of the real property known as and by the street number 193 Graham Place, borough of The Bronx, city and State of New York. It would appear that the defendant in possession relies upon an unexecuted promise of his mother, a co-owner of the premises, to make a voluntary conveyance to him of her interest in the property.

The defendant may prevail only if he establishes a right to or interest in the premises through his mother. To…