OSBORNE v. OSBORNE


26 Misc.2d 821 (1960)

Mary S. Osborne, Plaintiff, v. Augustine S. Osborne, Defendant.

Supreme Court, Special Term, Nassau County.

November 30, 1960


Attorney(s) appearing for the Case

Edward F. Nasierowski for plaintiff. Martin Kingsley for Gloria Rosner.


MARIO PITTONI, J.

Motion for an order directing the plaintiff to return certain moneys is granted to the extent of directing the plaintiff to return the sum of $1,780 to Gloria Rosner.

Admittedly, the Referee could not convey marketable title. Admittedly, a discontinuance of the partition action was obtained without a confirmation of the sale or the obtaining of a final judgment directing the conveyance in accordance with the sale. Therefore,...

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