NELSON v. FANTINO


277 A.D. 1058 (1950)

Barbara F. Nelson, Respondent, v. Mary A. Fantino et al., Defendants, and Charles Barcellona, Individually and as Administrator of The Estate of James Barcellona, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 27, 1950.


Paragraph 3 of the supplemental complaint alleges that the plaintiff owns and occupies the parcel of real property here involved. The answer denies that allegation. However, the parties have on this appeal assumed or conceded that the plaintiff owns and occupies the property in question, although there is no formal withdrawal of the denial or concession as to the fact of ownership and possession which is a prerequisite under subdivision...

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