Lutz v. Van Valkenburgh

Appellate Division of the Supreme Court of New York

Lutz v. Van Valkenburgh

13 A.D.2d 1014, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10142

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

DecidedJune 19, 1961

StatusPublished

This text of 13 A.D.2d 1014 (Lutz v. Van Valkenburgh) 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

Lutz v. Van Valkenburgh, 13 A.D.2d 1014, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10142 (N.Y. Ct. App. 1961).

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Opinion

In a consolidated action and summary proceeding involving the title and the right to the possession of certain real property, the defendant-petitioner appeals from an order of the Supreme Court, Westchester County, dated January 16, 1961, which denied his motion for summary judgment. The Special Term held that the final order and determination in a prior summary proceeding were neither res judicata nor operated as a collateral estoppel preventing the respondent Charles Lutz from asserting title by adverse possession; that the weight and probative value of statements made by him in earlier litigation were matters for consideration by the trier of the facts; and that the character of his use of the premises and the hostility and the adversity of his possession were questions which should not be decided on affidavits. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldoek, Ughetta, Christ and Brennan, JJ., concur.

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In a consolidated action and summary proceeding involving the title and the right to the possession of certain real property, the defendant-petitioner appeals from an order of the Supreme Court, Westchester County, dated January 16, 1961, which denied his motion for summary judgment. The Special Term held that the final order and determination in a prior summary proceeding were neither res judicata nor operated as a collateral estoppel preventing the respondent Charles Lutz from asserting title by adverse possession; that the weight and probative value of statements made by him in earlier litigation were matters for consideration by the trier of the facts; and that the character of his use of the premises and the hostility and the adversity of his possession were questions which should not be decided on affidavits. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldoek, Ughetta, Christ and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 1014, 218 N.Y.S.2d 979, 1961 N.Y. App. Div. LEXIS 10142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lutz-v-van-valkenburgh-nyappdiv-1961.