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SPENCE v. NIPER

22 Misc.2d 840 (1959)

Clarina C. Spence et al., as Executors of and Trustees under the Will of William M. T. Spence, Deceased, et al., Plaintiffs, v. Rosalie I. Niper et al., Defendants.

Supreme Court, Special Term, Kings County.

November 5, 1959.

Attorney(s) appearing for the Case

Smith & Reiher for plaintiffs.

Philip L. Leit for Rosalie J. Linden and others, defendants.

John R. Hawthorne for Lorraine N. Moore and others, defendants.

Louis Martone, as guardian ad litem for Barbara Jeanne Niper and others, infants, defendants.

Walter G. Burns, as guardian ad litem for David L. Spence and another, infants, defendants.

Louis J. Lefkowitz, Attorney-General, for People of the State of New York, defendant.

JAMES S. BROWN, J.

This partition action was commenced in 1953. The real property involved consisting of seven or eight adjoining buildings is taxed under one tax lot with a current assessed valuation of $250,000. Plaintiffs own interests totaling 75% and the Niper defendants own 25%.

By reason of various deaths and births it became necessary to file and serve, pursuant to orders and without prejudice...

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