NELSON v. FANTINO


198 Misc. 657 (1950)

Barbara F. Nelson, Plaintiff, v. Mary A. Fantino et al., Defendants.

Supreme Court, Special Term, Suffolk County.

April 28, 1950.


Attorney(s) appearing for the Case

George Dyson Friou for plaintiff.

Eugene J. Blumberg for Charles Barcellona, defendant.


PETTE, J.

In this action to determine a claim to real property pursuant to article 15 of the Real Property Law, plaintiff moves to strike out the defense under rules 109 and 110 of the Rules of Civil Practice and for judgment on the pleadings under rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act.

Before turning to the facts it may be well to state that plaintiff's motion...

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