Connell v. Ellison

Full title: MARTIN T. CONNELL, Appellant, v. ROBERT ELLISON et al., Defendants and…

Court: Court of Appeals of the State of New York

Date published: Feb 10, 1983

58 N.Y.2d 869 (N.Y. 1983)

460 N.Y.S.2d 528

447 N.E.2d 76

Opinion

Argued January 6, 1983

Decided February 10, 1983

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MICHAEL W. DUSKAS, J.

Charles A. Gardner for appellant.

Case, Leader Ayling for Robert Ellison and another, defendants-respondents.

Sanders D. Heller for Hilbert F. La Pierre, third-party defendant-respondent.

Mahlon T. Clements for Mildred M. MacIntyre, fourth-party defendant-respondent.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 86 A.D.2d 943). This disposition is without prejudice to either party, if so advised, making application to the trial court to obtain a definition of boundaries of the subject premises.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.