GIFFORD v. WHITTEMORE


4 A.D.2d 379 (1957)

Jay Gifford, Respondent, v. Rupert H. Whittemore et al., Defendants, and The People of the State of New York, Appellant

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

July 24, 1957.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George H. Rothlauf and James O. Moore, Jr., of counsel), for appellant.

George R. Davis for respondent.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur.


HALPERN, J.

The State of New York appeals from an order which denied its motions to dismiss the complaint. The complaint alleges two causes of action — the first, for partition, and the second, for a determination of a claim to real property under article 15 of the Real Property Law.

The first cause of action alleges that the plaintiff and the three individual defendants are entitled to the ownership...

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