Lilie v. Vitarius

Appellate Division of the Supreme Court of New York

Lilie v. Vitarius

41 A.D.2d 847, 342 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4714

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

DecidedApril 16, 1973

StatusPublished

This text of 41 A.D.2d 847 (Lilie v. Vitarius) 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

Lilie v. Vitarius, 41 A.D.2d 847, 342 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4714 (N.Y. Ct. App. 1973).

Pincite

Opinion

[848]*848In an action for partition, defendant Hería Vitarius (plaintiff’s former wife) appeals from judgment-order (one paper) of the Supreme Court, Queens County, dated June 20, 1972 and made after the filing of a Referee’s report following a hearing before the Referee at which appellant did not appear, which judgment-order (1) inter alla granted plaintiff’s motion to confirm the report of the Referee, except in designated respects, and ordered that the subject premises be sold at public auction; and (2) denied appellant’s cross motion to (a) vacate her default, (b) extend her time to answer the complaint and (e) dismiss the report. Judgment-order affirmed, without costs and without prejudice to such other actions or proceedings on the part of appellant which she may be advised to bring in connection with any claim for alimony or child support. No opinion. Settle order on five days’ notice. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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[848]*848In an action for partition, defendant Hería Vitarius (plaintiff’s former wife) appeals from judgment-order (one paper) of the Supreme Court, Queens County, dated June 20, 1972 and made after the filing of a Referee’s report following a hearing before the Referee at which appellant did not appear, which judgment-order (1) inter alla granted plaintiff’s motion to confirm the report of the Referee, except in designated respects, and ordered that the subject premises be sold at public auction; and (2) denied appellant’s cross motion to (a) vacate her default, (b) extend her time to answer the complaint and (e) dismiss the report. Judgment-order affirmed, without costs and without prejudice to such other actions or proceedings on the part of appellant which she may be advised to bring in connection with any claim for alimony or child support. No opinion. Settle order on five days’ notice. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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Bluebook (online)

41 A.D.2d 847, 342 N.Y.S.2d 1022, 1973 N.Y. App. Div. LEXIS 4714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lilie-v-vitarius-nyappdiv-1973.