Murphy v. Bland

Appellate Division of the Supreme Court of New York

Murphy v. Bland

254 A.D. 905, 6 N.Y.S.2d 509, 1938 N.Y. App. Div. LEXIS 8251

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1938·Published

Opinion

In an action to compel the determination of a claim to real property by limiting an easement for a driveway, or, in the alternative, for damages for breach of covenant against incumbrances, the complaint was dismissed on the merits. Plaintiff appeals. Judgment unanimously affirmed, with costs. It is not necessary to pass upon, and we do not pass upon, the rights of the mortgagee under its mortgage in the premises. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

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

In an action to compel the determination of a claim to real property by limiting an easement for a driveway, or, in the alternative, for damages for breach of covenant against incumbrances, the complaint was dismissed on the merits. Plaintiff appeals. Judgment unanimously affirmed, with costs. It is not necessary to pass upon, and we do not pass upon, the rights of the mortgagee under its mortgage in the premises. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

Murphy v. Bland, 254 A.D. 905, 6 N.Y.S.2d 509, 1938 N.Y. App. Div. LEXIS 8251 (N.Y. Ct. App. 1938).

Pincite

254 A.D. 905 (Murphy v. Bland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.