Schifano v. Schifano

Appellate Division of the Supreme Court of New York

Schifano v. Schifano

38 A.D.2d 718, 329 N.Y.S.2d 776, 1972 N.Y. App. Div. LEXIS 5673

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

DecidedJanuary 3, 1972

StatusPublished

This text of 38 A.D.2d 718 (Schifano v. Schifano) 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

Schifano v. Schifano, 38 A.D.2d 718, 329 N.Y.S.2d 776, 1972 N.Y. App. Div. LEXIS 5673 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action to set aside a deed to real property and for related relief, plaintiff appeals from (1) an order of the Supreme Court, Queens County, dated August 17, 1971, which granted defendants’ motion to dismiss the complaint, and (2) a judgment of said court dated August 30, 1971 and made upon said order. Order and judgment reversed, with $10 costs and disbursements, and motion denied. In our opinion, the dismissal of the complaint in the prior action was not on the merits and was not res judicata on this motion (Searles v. Main Tavern, 28 A D 2d 1136; cf. CPLR 5013). The present complaint states a cause of action. Rabin, P. J., Hopkins, Christ, Brennan and Benjamin, JJ., concur.

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In an action to set aside a deed to real property and for related relief, plaintiff appeals from (1) an order of the Supreme Court, Queens County, dated August 17, 1971, which granted defendants’ motion to dismiss the complaint, and (2) a judgment of said court dated August 30, 1971 and made upon said order. Order and judgment reversed, with $10 costs and disbursements, and motion denied. In our opinion, the dismissal of the complaint in the prior action was not on the merits and was not res judicata on this motion (Searles v. Main Tavern, 28 A D 2d 1136; cf. CPLR 5013). The present complaint states a cause of action. Rabin, P. J., Hopkins, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 718, 329 N.Y.S.2d 776, 1972 N.Y. App. Div. LEXIS 5673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schifano-v-schifano-nyappdiv-1972.