Hosbach v. Miller

Appellate Division of the Supreme Court of New York

Hosbach v. Miller

10 A.D.2d 713, 199 N.Y.S.2d 436, 1960 N.Y. App. Div. LEXIS 11440

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

DecidedMarch 7, 1960

StatusPublished

This text of 10 A.D.2d 713 (Hosbach v. Miller) 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

Hosbach v. Miller, 10 A.D.2d 713, 199 N.Y.S.2d 436, 1960 N.Y. App. Div. LEXIS 11440 (N.Y. Ct. App. 1960).

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Opinion

In an action to set aside a conveyance which created a joint tenancy in certain real property, and for other relief, the appeals are (1) from an order granting respondent Miller’s motion for summary judgment dismissing the complaint, and from the judgment entered thereon, (2) from an order dismissing as academic appellant’s motion to examine respondent Miller before trial, and (3) from an order dismissing as academic appellant’s motion to enjoin the respondent City of New York from paying a condemnation award for the taking of the subject property. The action was brought by the widow of the grantor on the ground that the conveyance was not real, but illusory, in that the grantor did not intend to divest himself of title during his lifetime. Orders and judgment unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ.

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In an action to set aside a conveyance which created a joint tenancy in certain real property, and for other relief, the appeals are (1) from an order granting respondent Miller’s motion for summary judgment dismissing the complaint, and from the judgment entered thereon, (2) from an order dismissing as academic appellant’s motion to examine respondent Miller before trial, and (3) from an order dismissing as academic appellant’s motion to enjoin the respondent City of New York from paying a condemnation award for the taking of the subject property. The action was brought by the widow of the grantor on the ground that the conveyance was not real, but illusory, in that the grantor did not intend to divest himself of title during his lifetime. Orders and judgment unanimously affirmed, without costs. No opinion. Present — Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ.

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Bluebook (online)

10 A.D.2d 713, 199 N.Y.S.2d 436, 1960 N.Y. App. Div. LEXIS 11440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hosbach-v-miller-nyappdiv-1960.