Greenberg v. Greenberg

Appellate Division of the Supreme Court of New York

Greenberg v. Greenberg

29 A.D.2d 676, 288 N.Y.S.2d 219, 1968 N.Y. App. Div. LEXIS 4799

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

DecidedJanuary 22, 1968

StatusPublished

This text of 29 A.D.2d 676 (Greenberg v. Greenberg) 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

Greenberg v. Greenberg, 29 A.D.2d 676, 288 N.Y.S.2d 219, 1968 N.Y. App. Div. LEXIS 4799 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Nassau County, entered December 16, 1966, modified, on the law, by adding thereto provisions that the third affirmative defense in defendant Paula Green-berg’s answer is dismissed and that plaintiff’s motion is further granted insofar as it was for appointment of a Referee to ascertain the respective rights of the parties in the property. As so modified, order affirmed insofar as appealed from, without costs. Action remitted to the Special Term for further proceedings not inconsistent herewith. No questions of fact were considered on these appeals. In our-opinion, the third affirmative defense is insufficient in law as a defense to an action in partition by a tenant in common. Accordingly, a reference should be directed to ascertain the rights of the respective parties (Real Property Actions and Proceedings Law, § 911). Christ, Acting P. J., Brennan. Rabin. Hopkins and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of the Supreme Court, Nassau County, entered December 16, 1966, modified, on the law, by adding thereto provisions that the third affirmative defense in defendant Paula Green-berg’s answer is dismissed and that plaintiff’s motion is further granted insofar as it was for appointment of a Referee to ascertain the respective rights of the parties in the property. As so modified, order affirmed insofar as appealed from, without costs. Action remitted to the Special Term for further proceedings not inconsistent herewith. No questions of fact were considered on these appeals. In our-opinion, the third affirmative defense is insufficient in law as a defense to an action in partition by a tenant in common. Accordingly, a reference should be directed to ascertain the rights of the respective parties (Real Property Actions and Proceedings Law, § 911). Christ, Acting P. J., Brennan. Rabin. Hopkins and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.2d 676, 288 N.Y.S.2d 219, 1968 N.Y. App. Div. LEXIS 4799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-greenberg-nyappdiv-1968.