Friedman v. Rothschild

Appellate Division of the Supreme Court of New York

Friedman v. Rothschild

10 A.D.2d 984, 202 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 9713

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

DecidedMay 23, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 984 (Friedman v. Rothschild) 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

Friedman v. Rothschild, 10 A.D.2d 984, 202 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 9713 (N.Y. Ct. App. 1960).

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Opinion

Pursuant to statute (Civ. Prae. Act, §§ 546-548) the parties have submitted their controversy to this court upon an agreed statement of the facts. Submission dismissed, without costs. The question to be determined is whether title is marketable. Plaintiff appears to concede, as we believe she must, that, in order to find title marketable, we must find that Murray Friedman died in 1958. Although upon trial a court could make such a finding we may not draw inferences from the conceded facts. We may only decide the law on the facts submitted. (See Cohen v. Manufacturers Safe Deposit Co., 297 N. Y. 266; Feist v. Fifth Ave. Bank of New York, 280 N. Y. 189; Sate v. Crimswal Reatty Corp., 286 App. Div. 1023.) Nolan, P. J., Beldoek, Ughetta, Christ and Brennan, JJ., concur.

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Pursuant to statute (Civ. Prae. Act, §§ 546-548) the parties have submitted their controversy to this court upon an agreed statement of the facts. Submission dismissed, without costs. The question to be determined is whether title is marketable. Plaintiff appears to concede, as we believe she must, that, in order to find title marketable, we must find that Murray Friedman died in 1958. Although upon trial a court could make such a finding we may not draw inferences from the conceded facts. We may only decide the law on the facts submitted. (See Cohen v. Manufacturers Safe Deposit Co., 297 N. Y. 266; Feist v. Fifth Ave. Bank of New York, 280 N. Y. 189; Sate v. Crimswal Reatty Corp., 286 App. Div. 1023.) Nolan, P. J., Beldoek, Ughetta, Christ and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 984, 202 N.Y.S.2d 328, 1960 N.Y. App. Div. LEXIS 9713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friedman-v-rothschild-nyappdiv-1960.

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