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McGreevy v. McGreevy

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 1951
279 App. Div. 705 (N.Y. App. Div. 1951)

Opinion

November 14, 1951.

Present — Taylor, P.J., McCurn, Kimball, Piper and Wheeler, JJ.


Order affirmed, with $10 costs and disbursements. Memorandum: A motion by plaintiff for summary judgment may not be granted unless the action comes within one of the first eight subdivisions of rule 113 of the Rules of Civil Practice, and only in such equitable actions as fall within subdivisions six, seven, and eight thereof ( Lederer v. Wise Shoe Co., 276 N.Y. 459, 463; Donnelly v. National City Bank of New York, 276 App. Div. 109 6; Tripp, Guide to Motion Practice [Rev. ed.], § 96; Shientag on Summary Judgment.) In this action for a declaratory judgment the nature of the relief sought is not included within any of the said subdivisions. All concur. (Appeal from an order denying plaintiff's motion for summary judgment in an action to remove a cloud upon title to realty.)


Summaries of

McGreevy v. McGreevy

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 14, 1951
279 App. Div. 705 (N.Y. App. Div. 1951)
Case details for

McGreevy v. McGreevy

Case Details

Full title:CARL G. McGREEVY, Appellant, v. FRANK W. McGREEVY et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 14, 1951

Citations

279 App. Div. 705 (N.Y. App. Div. 1951)

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