Watters v. People

Appellate Division of the Supreme Court of New York

Watters v. People

12 A.D.2d 886, 210 N.Y.S.2d 39, 13 Oil & Gas Rep. 777, 1961 N.Y. App. Div. LEXIS 13317

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

DecidedJanuary 12, 1961

StatusPublished

This text of 12 A.D.2d 886 (Watters v. People) 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

Watters v. People, 12 A.D.2d 886, 210 N.Y.S.2d 39, 13 Oil & Gas Rep. 777, 1961 N.Y. App. Div. LEXIS 13317 (N.Y. Ct. App. 1961).

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Opinion

Judgment unanimously affirmed, with costs. Memorandum: We do not understand that the trial court attempted to pass upon the rights of the parties as to ingress and egress or otherwise beyond the boundaries of the premises described in the complaint. Therefore, we do not attempt to pass upon such rights, if any. We recognize the mandatory language of section 1024 of the Civil Practice Act relating to the appointment of commissioners. We agree, however, with the conclusion of the trial court that, ' under the peculiar circumstances here presented, such appointment would be an unnecessary act and the court correctly dispensed therewith. (Appeal from judgment of Cattaraugus Trial Term partitioning certain oil, gas and mineral rights in lands now part of Allegany State Park.) Present—Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ, [23 Misc 2d 402.]

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Judgment unanimously affirmed, with costs. Memorandum: We do not understand that the trial court attempted to pass upon the rights of the parties as to ingress and egress or otherwise beyond the boundaries of the premises described in the complaint. Therefore, we do not attempt to pass upon such rights, if any. We recognize the mandatory language of section 1024 of the Civil Practice Act relating to the appointment of commissioners. We agree, however, with the conclusion of the trial court that, ' under the peculiar circumstances here presented, such appointment would be an unnecessary act and the court correctly dispensed therewith. (Appeal from judgment of Cattaraugus Trial Term partitioning certain oil, gas and mineral rights in lands now part of Allegany State Park.) Present—Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ, [23 Misc 2d 402.]

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Bluebook (online)

12 A.D.2d 886, 210 N.Y.S.2d 39, 13 Oil & Gas Rep. 777, 1961 N.Y. App. Div. LEXIS 13317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watters-v-people-nyappdiv-1961.

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