DE BERMINGHAM v. DE BERMINGHAM


203 Misc. 529 (1952)

Gertrude K. De Bermingham, Plaintiff, v. Ferdinand H. De Bermingham et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 8, 1952.


Attorney(s) appearing for the Case

John G. Tarrant and William B. Pius for plaintiff.

Clarence E. Steinberg for Ferdinand H. de Bermingham and another, defendants.


HALLINAN, J.

Motion by plaintiff pursuant to rule 109 of the Rules of Civil Practice for an order dismissing the counterclaim alleged in paragraphs "NINETEENTH" and "TWENTIETH" of the defendants' answer on the ground that said counterclaim is not one which may be properly interposed in the action.

The action is brought pursuant to article 15 of the Real Property Law to determine claims to real property...

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