LEY v. FLESSEL


28 Misc.2d 431 (1961)

Fred Ley et al., Plaintiffs, v. Henry Flessel, Individually and as Executor of Emma L. Flessel, Deceased, Defendant and Third-Party Plaintiff. Elizabeth Adams, Also Known as Elizabeth Ley, Third-Party Defendant.

Supreme Court, Special Term, Queens County.

January 13, 1961


Attorney(s) appearing for the Case

Wolinsky & Wolinsky (Philip Wolinsky of counsel), for plaintiffs and third-party defendant. Otto W. Muehlenbrink and David S. Kumble for defendant and third-party plaintiff.


JAMES J. CONROY, J.

The plaintiffs and the third-party defendant move for an order (1) striking out the defenses and counterclaims for insufficiency (Rules Civ. Prac., rule 109), (2) for judgment on the pleadings (rule 112) and (3) in the alternative, for summary judgment (rule 113).

The action was brought pursuant to article 15 of the Real Property Law to compel determination of claims to certain real...

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