Riveles v. Heath

Appellate Division of the Supreme Court of New York

Riveles v. Heath

47 A.D.2d 548, 365 N.Y.S.2d 486, 1975 N.Y. App. Div. LEXIS 8616

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

DecidedJanuary 20, 1975

StatusPublished

This text of 47 A.D.2d 548 (Riveles v. Heath) 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

Riveles v. Heath, 47 A.D.2d 548, 365 N.Y.S.2d 486, 1975 N.Y. App. Div. LEXIS 8616 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to enjoin an encroachment upon real property and for damages, plaintiff appeals from so much of an order of the Supreme Court, Dutchess County, dated May 16, 1974, as failed to grant the portion of her motion for accelerated judgment which sought injunctive relief. Order reversed in its entirety, without costs, and motion of plaintiff and cross motion of defendants and third-party plaintiffs for summary judgment denied in their entirety. The affidavits in the record mandate a plenary trial as to all issues (Real Property Actions and Proceedings Law, § 871). Hopkins, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

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In an action to enjoin an encroachment upon real property and for damages, plaintiff appeals from so much of an order of the Supreme Court, Dutchess County, dated May 16, 1974, as failed to grant the portion of her motion for accelerated judgment which sought injunctive relief. Order reversed in its entirety, without costs, and motion of plaintiff and cross motion of defendants and third-party plaintiffs for summary judgment denied in their entirety. The affidavits in the record mandate a plenary trial as to all issues (Real Property Actions and Proceedings Law, § 871). Hopkins, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 548, 365 N.Y.S.2d 486, 1975 N.Y. App. Div. LEXIS 8616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riveles-v-heath-nyappdiv-1975.