Legal Opinion
Singer v. Levine
New York Supreme Court
Decided November 21, 1958PublishedCited by 5 opinions
1Opinion of the CourtJames S. Brown, J.
In this partition action instituted by four sisters, as co-owners of record of the subject real property, against their brother and sister, the two remaining co-owners, the plaintiffs move for an order pursuant to rule 109 of the Rules of Civil Practice striking out the affirmative defense and counterclaim interposed by the defendants on the ground that it is insufficient in law.
The complaint alleges substantially all the allegations necessary to plead an action in partition. The defendants in the said affirmative defense and counterclaim, in substance allege that the deceased mother of the…
2Cases cited5 opinions
- Foreman v. ForemanNew York Court of Appeals · 1929
- Fraw Realty Co. v. NatansonNew York Court of Appeals · 1933
- In re the Estate of MerrillNew York Surrogate's Court · 1937
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
- In re the Estate of WillerNew York Surrogate's Court · 1939
3Cited by5 opinions
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- Estate of Dreyer v. CommissionerUnited States Tax Court · 1977
- In Re MartinezUnited States Bankruptcy Court, E.D. New York · 2008
- LCD Holding Corp. v. Powell-AllenAppellate Division of the Supreme Court of the State of New York · 2022
- Estate of Dreyer v. CommissionerUnited States Tax Court · 1977