The Dime Savings Bank of Brooklyn v. . Butler
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1915, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action under sections 1638 to 1650 of the Code of Civil Procedure to compel determination of a claim to real property.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1915, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action under sections 1638 to 1650 of the Code of Civil Procedure to compel determination of a claim to real property. The complaint alleges that the plaintiff is the owner of a certain piece of real property and that the defendants unjustly make claim to an easement on interest therein in the nature of a restriction upon the kind of building that may be…
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the affirmative; no opinion.
Concur: Willard - Bartlett, Oh. J., Chase, Cuddebaok, Hogan, Miller and Seabury, JJ. Not voting: Hisoook, J.
2Cited by4 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Cameron Estates, Inc. v. DeeringAppellate Division of the Supreme Court of the State of New York · 1953
- Klimas v. BrumbachNew York Supreme Court · 1921
- Semple v. ClarkNew York Supreme Court · 1928