Opinion
February 26, 1962
In an action under article 15 of the Real Property Law to compel the determination of claims to certain real property, the plaintiffs and the third-party defendant Adams appeal: (1) from an order of the Supreme Court, Queens County, dated February 28, 1961, which, inter alia, granted the cross motion of the defendant and third-party plaintiff Flessel to dismiss the complaint of the plaintiffs and the answer of said third-party defendant, and for summary judgment in his (Flessel's) favor, pursuant to rules 112 and 113 of the Civil Practice Act; and (2) from the judgment of said court, entered March 15, 1961, upon said order, which adjudged, inter alia, that the said defendant and third-party plaintiff Flessel is the owner in fee of the real property, and that the plaintiffs and the third-party defendant are barred from all claims to any estate or interest therein. Order and judgment affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Christ, Hill, Rabin and Hopkins, JJ., concur. [ 28 Misc.2d 431.]