Algonquin Gas Transmission Co. v. Knight McMenamy Co.

Appellate Division of the Supreme Court of New York

Algonquin Gas Transmission Co. v. Knight McMenamy Co.

20 A.D.2d 707, 247 N.Y.S.2d 858, 1964 N.Y. App. Div. LEXIS 4466

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

DecidedFebruary 3, 1964

StatusPublished

This text of 20 A.D.2d 707 (Algonquin Gas Transmission Co. v. Knight McMenamy Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Algonquin Gas Transmission Co. v. Knight McMenamy Co., 20 A.D.2d 707, 247 N.Y.S.2d 858, 1964 N.Y. App. Div. LEXIS 4466 (N.Y. Ct. App. 1964).

Pincite

Opinion

In an action pursuant to article 15 of the Real Property Law to determine claims to certain real property, defendant Harvey appeals from an order of the Supreme Court, Rockland County, dated March 19, 1962, which granted plaintiff’s motion for summary judgment and which, inter alia, declared that plaintiff is vested with an unincumbered fee title to the property and that the defendants are barred from all claim to any estate or interest therein, and directed the entry of judgment accordingly. Order reversed, without costs; motion for summary judgment denied; and judgment dated April 4, 1962 which was entered upon said order vacated. In our opinion, issues of fact exist as to whether the County of Rockland acquired and conveyed title to the real property which is the subject of this action; such issues should be resolved after a plenary trial. Beldock, P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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In an action pursuant to article 15 of the Real Property Law to determine claims to certain real property, defendant Harvey appeals from an order of the Supreme Court, Rockland County, dated March 19, 1962, which granted plaintiff’s motion for summary judgment and which, inter alia, declared that plaintiff is vested with an unincumbered fee title to the property and that the defendants are barred from all claim to any estate or interest therein, and directed the entry of judgment accordingly. Order reversed, without costs; motion for summary judgment denied; and judgment dated April 4, 1962 which was entered upon said order vacated. In our opinion, issues of fact exist as to whether the County of Rockland acquired and conveyed title to the real property which is the subject of this action; such issues should be resolved after a plenary trial. Beldock, P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

20 A.D.2d 707, 247 N.Y.S.2d 858, 1964 N.Y. App. Div. LEXIS 4466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/algonquin-gas-transmission-co-v-knight-mcmenamy-co-nyappdiv-1964.