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Padlon v. Hawxhurst

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1973
42 A.D.2d 910 (N.Y. App. Div. 1973)

Opinion

September 24, 1973


In an action to determine claims to real property (Real Property Actions and Proceedings Law, art. 15), (1) plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County, dated December 13, 1972 and made after a nonjury trial, as is against her, including an adjudication that the nonmunicipal defendants have absolute title to certain property, and (2) the latter cross-appeal from the remainder of the judgment, i.e., so much thereof as dismissed their counterclaim for refund of taxes and purchase price. Judgment affirmed insofar as appealed from by plaintiff. Cross appeal dismissed as moot in the light of the determination herein on the appeal by plaintiff. A single bill of costs is awarded jointly to defendants appearing separately and filing separate briefs, against plaintiff. In view of our determination, we do not reach the question of the Statute of Limitations, which may well apply. Munder, Acting P.J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.


Summaries of

Padlon v. Hawxhurst

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1973
42 A.D.2d 910 (N.Y. App. Div. 1973)
Case details for

Padlon v. Hawxhurst

Case Details

Full title:FLORENCE N. PADLON, Appellant, v. HAROLD F. HAWXHURST et al.…

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

Date published: Sep 24, 1973

Citations

42 A.D.2d 910 (N.Y. App. Div. 1973)