SIMONELLI v. CITY OF NEW YORK


276 A.D. 405 (1950)

Rosa P. Simonelli, Appellant-Respondent, v. City of New York, Respondent-Appellant

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

February 28, 1950.


Attorney(s) appearing for the Case

Morris Handel of counsel (Herbert M. Levy, with him on the brief; John P. McGrath, Corporation Counsel, attorney), for defendant-respondent-appellant.

Avel B. Silverman for plaintiff-appellant-respondent.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

Plaintiff moved for summary judgment striking out defenses contained in the answer, and for the relief demanded in the complaint. On return of the motion, defendant applied for judgment on the pleadings dismissing the complaint. Both motions were denied, and each side appeals.

The complaint alleges that on December 1, 1942, the title to certain parcels of real property owned by plaintiff became vested...

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