Clearo v. Cook

Both parties have moved for judgment on the pleadings. The plaintiff has moved also for summary judgment and has treated the cross motion as a challenge to the sufficiency of the complaint. Where all parties to a litigation choose so to do, they may to a large extent chart their OAvn procedural course through the courts. Consequently the question now before the court is the issue of law here raised *917by the parties. (Stevenson v. News Syndicate Co., 302 N. Y. 81, 86-87.)

The action is brought under section 500 of the Beal Property Law to clear the title to the property herein, necessitated by…