Legal Opinion · Dissent

Van Valkenburgh v. Lutz

New York Court of Appeals

Decided April 23, 1952Published

1DissentFuld, J.

In my judgment, the weight of evidence lies with the determination made by the court at Special Term and affirmed by the Appellate Division. But whether that is so or not, there can bé no doubt whatsoever that the record contains some evidence that the premises here involved were occupied by William Lutz, defendant’s late husband, for fifteen years under a claim of title — and that, of course, should compel an affirmance.

The four lots in suit, located in the city of Yonkers, comprise a fairly level parcel of land, triangular in shape, with approximate dimensions of 150 by 126 by 170 feet. It…

2Cases cited34 opinions

  1. Belotti v. . BickhardtNew York Court of Appeals · 1920
  2. Sherman v. . KaneNew York Court of Appeals · 1881
  3. La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
  4. Monnot v. . MurphyNew York Court of Appeals · 1913
  5. Baker v. . OakwoodNew York Court of Appeals · 1890

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