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SWIDLER v. KNOCKLONG CORP.

305 N.Y. 527 (1953)

Rebecca Swidler et al., Appellants, v. Knocklong Corp., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Jacob Krisel and George Lessall for appellants.

Charles E. Lapp, Jr., for Knocklong Corp., respondent.

E. Robert Pratt for Gresa Realty Co., Inc., respondent.

LEWIS, Ch. J., DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur; CONWAY, J., concurs in the result upon the ground that the jurisdictional defect claimed to have been present in the partition action does not appear upon the face of the record there and thus, being latent, may not be reached by collateral attack in an independent action.

DESMOND, J.

Plaintiffs Swidler and Miller, on the one hand, and defendant Gresa Realty Co. on the other, make conflicting claims to the ownership of vacant land in Nassau County. Swidler and Miller claim under a deed to their predecessors from the heirs of Katherine Laffey, a former owner who died in 1920. Defendant Gresa claims through predecessors who purchased a tax title resulting from a Laffey default in...

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