DAVIS v. CALDWELL


1 A.D.2d 964 (1956)

Cloyd Davis, Appellant, v. Dorothy E. Caldwell, as Administratrix of The Estate of Ralph S. Caldwell, Deceased, Respondent, et al., Defendant

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

April 16, 1956


Motion by respondent to reargue the appeal or, in the alternative, for other relief, denied, without costs. Motion referred to the court that rendered the decision.

We did not in deciding the appeal, nor do we now, consider the counterclaim interposed in the amended answer as demanding relief in ejectment. On consideration of the appeal, we accepted respondent's characterization of her own pleading. In her brief, she stated that in the original answer her intestate...

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