SCIVOLETTI v. MARSALA


97 A.D.2d 401 (1983)

Ottavio Scivoletti, Respondent, v. Antoinette Marsala, as Executrix of Beatrice Annarella, Deceased, et al., Appellants

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

October 3, 1983


Judgment modified by (1) deleting the first decretal paragraph and substituting therefor a provision dismissing plaintiff's complaint, and (2) deleting from the second decretal paragraph the two references therein "two-thirds interest" and substituting therefor the term "interests". As so modified, judgment affirmed, insofar as appealed from, without costs or disbursements. In this action plaintiff seeks a declaration of his rights in certain real property located in the...

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