Broaddus v. Vanadium Corp. of America

Appellate Division of the Supreme Court of New York

Broaddus v. Vanadium Corp. of America

19 A.D.2d 886, 244 N.Y.S.2d 336, 1963 N.Y. App. Div. LEXIS 2822

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

DecidedNovember 26, 1963

StatusPublished

Cited by2 cases

This text of 19 A.D.2d 886 (Broaddus v. Vanadium Corp. of America) 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

Broaddus v. Vanadium Corp. of America, 19 A.D.2d 886, 244 N.Y.S.2d 336, 1963 N.Y. App. Div. LEXIS 2822 (N.Y. Ct. App. 1963).

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Opinion

Order, entered on-August 24, 1962, denying defendant’s motion to dismiss the complaint for lack of jurisdiction, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant, and the motion granted, with $10 costs. Plaintiff is not the grantee of the defendant and privity of contract does not otherwise appear. The action therefore is local and may not be brought in a State other than that in which the land is located, to wit, Ohio. (Johnson v. Dunbar, 114 1ST. Y. S. 2d 845, affd. 282 App. Div. 720, affd. 306 N. Y. 697; Keyes & Marshall Bros. Realty Co. V. Trustees of Canton Christian Coll., 146 App. Div. 796, affd. 205 N. Y. 593; Morris V. Kay, 172 App. Div. 145.) Moreover, section 536 of the Real Property Law (now Real Property Actions and Proceedings Law, § 121), permitting an action to recover damages for injuries to out-of-State real property, requires possession by the injured party at the time the damages are sustained. (Stark v. Kowe Sound Co., 148 Mise. 686, 691, affd. 241 App. Div. 637.) Concur — • Rabin, J. P., McNally, Eager, Steuer and Bergan, JJ.

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Order, entered on-August 24, 1962, denying defendant’s motion to dismiss the complaint for lack of jurisdiction, unanimously reversed, on the law, with $20 costs and disbursements to defendant-appellant, and the motion granted, with $10 costs. Plaintiff is not the grantee of the defendant and privity of contract does not otherwise appear. The action therefore is local and may not be brought in a State other than that in which the land is located, to wit, Ohio. (Johnson v. Dunbar, 114 1ST. Y. S. 2d 845, affd. 282 App. Div. 720, affd. 306 N. Y. 697; Keyes & Marshall Bros. Realty Co. V. Trustees of Canton Christian Coll., 146 App. Div. 796, affd. 205 N. Y. 593; Morris V. Kay, 172 App. Div. 145.) Moreover, section 536 of the Real Property Law (now Real Property Actions and Proceedings Law, § 121), permitting an action to recover damages for injuries to out-of-State real property, requires possession by the injured party at the time the damages are sustained. (Stark v. Kowe Sound Co., 148 Mise. 686, 691, affd. 241 App. Div. 637.) Concur — • Rabin, J. P., McNally, Eager, Steuer and Bergan, JJ.

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Bluebook (online)

19 A.D.2d 886, 244 N.Y.S.2d 336, 1963 N.Y. App. Div. LEXIS 2822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broaddus-v-vanadium-corp-of-america-nyappdiv-1963.

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