From Casetext: Smarter Legal Research

Hafner v. Freeman, Maikisch

Court of Appeals of the State of New York
May 22, 1941
35 N.E.2d 501 (N.Y. 1941)

Summary

In Hafner v. Freeman, 285 N.Y. 831, 35 N.E.2d 501 (1941), the Appellate Division of the New York Supreme Court had reversed the trial court in an easement dispute on the ground that mortgagees of a parcel of property with an interest in the dispute were necessary parties.

Summary of this case from Bank of Am. v. Stevens

Opinion

Argued January 15, 1941

Decided May 22, 1941

Appeal from the Supreme Court, Appellate Division, Second Department, HALLINAN, J.

Leo J. Stewart and Fred Francis Weiss for appellants.

R. Leslie Smith and Edward D. Sternat for respondents.


Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.


Summaries of

Hafner v. Freeman, Maikisch

Court of Appeals of the State of New York
May 22, 1941
35 N.E.2d 501 (N.Y. 1941)

In Hafner v. Freeman, 285 N.Y. 831, 35 N.E.2d 501 (1941), the Appellate Division of the New York Supreme Court had reversed the trial court in an easement dispute on the ground that mortgagees of a parcel of property with an interest in the dispute were necessary parties.

Summary of this case from Bank of Am. v. Stevens

In Hafner v. Freeman, 35 N.E.2d 501 (N.Y. 1941), the Appellate Division of the New York Supreme Court had reversed the trial court in an easement dispute on the ground that mortgagees of a parcel of property with an interest in the dispute were necessary parties.

Summary of this case from Allegro Isle Condominium Ass'n v. Casa Allegro Corp.
Case details for

Hafner v. Freeman, Maikisch

Case Details

Full title:FRANK HAFNER et al., Appellants, v. CARRIE E. FREEMAN et al., Respondents…

Court:Court of Appeals of the State of New York

Date published: May 22, 1941

Citations

35 N.E.2d 501 (N.Y. 1941)
35 N.E.2d 501

Citing Cases

Peasley v. State of N.Y

The rationale for this rule is that an owner of land, who sells a part thereof, impliedly reserves to himself…

Bank of Am. v. Stevens

Courts in other jurisdictions have upheld trial court decisions requiring the presence of mortgagees in…