Bennett v. Fink Construction Co.

Pursuant to CPLR 6301 plaintiff seeks to enjoin and restrain the defendant from erecting a "building upon premises which the plaintiff claims to own.

The material facts in this case are not in dispute. The late Amos Pierce, father of Rogene Pierce Bennett, plaintiff herein was a ’Seneca Indian. Plaintiff’s mother was a Cayuga Indian.

Plaintiff claims to own and possess as allottee, by inheritance from her father, a tract of land within the Cattaraugus Indian Reservation. The Seneca Nation, on the other hand claims to own said tract as holder of record title by virtue of a quitclaim deed from…