BALL EQUIP. CO., INC. v. BURCH


35 A.D.2d 770 (1970)

Ball Equipment Co., Inc., Respondent, v. Carl J. Burch, Appellant

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

October 29, 1970


Order reversed, without costs, and motion granted.

Memorandum:

In this action, commenced on March 11, 1969, plaintiff sought a judgment that it owned certain real property free and clear from any claim of the defendant except for a right of way along its westerly boundary. Defendant took the summons and complaint to an attorney for appearance in the action. On April 2, 1969, two days after the time to answer the...

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