Appellate Division of the Supreme Court of New York, 1948

Foss v. Riordan

Foss v. Riordan
Appellate Division of the Supreme Court of New York · Decided April 26, 1948
273 A.D. 982; 79 N.Y.S.2d 515; 1948 N.Y. App. Div. LEXIS 5590
Foss v. Riordan

Opinion of the Court

In an action under article 15 of the Real Property Law, to compel a determination of an adverse claim to real property, the answer sets forth a counterclaim for foreclosure and sale under a lien. The reply, *983among other things, alleges payment of the indebtedness underlying the lien. Judgment in favor of plaintiffs,' entered after trial before an oficial referee, unanimously affirmed, with costs. No opinion. Present — Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ.

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