Legal Opinion

Ventriniglia v. Eichner

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

Decided May 6, 1910PublishedCited by 18 opinions

Appeal by the plaintiff, Maria Josephine Yentriniglia, from an order of the Supreme Court, made at the New York Special Term and entered in. the office of the clerk of the county of New York on the 24th day of March, 1910, denying the plaintiff’s motion, under section 547 of the Code of Civil Procedure, for ¡judgment on the pleadings arid dismissing the complaint.

1Opinion of the Court

McLaughlin, J.:

This action was brought by an owner of certain real estate to compel the surrender and cancellation of a tax lease issued upon the property by the, comptroller of the city of New York upon the ground that the same was a cloud upon her title. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and then ¡the plaintiff moved for judgment on the pleadings.

The trial of the issue raised by the demurrer could only be brought on as provided in section 977 of the Code of Civil1 Procedure. Notwithstanding, the…

2Cases cited1 opinion

  1. Sanders v. ParshallNew York Supreme Court · 1893

3Cited by18 opinions

  1. Bernard v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1931
  2. Aldrich v. Newburgh News Printing & Publishing Co.New York Supreme Court · 1910
  3. American Men's & Boys' Clothing Manufacturers Ass'n v. ProserAppellate Division of the Supreme Court of the State of New York · 1919
  4. Zeikus v. Florida East Coast Railway Co.New York Supreme Court · 1911
  5. Bacharach v. American Union Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914

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