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Keeler's Vans, Inc. v. Papa

144 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1913-11-07 English

Contents

Majority

p. 1122
KEELER’S VANS, Inc., v. PAPA et al.
(Supreme Court, Appellate Division, Second Department.
November 7, 1913.)

Headnote

Action by the
p. 1123
Keeler’s Vans, Incorporated, against Pasquale Papa and others.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the ground that the complaint fails to establish an apparent right to or interest in the property, and that the omission cannot upon this application be supplied by supplementary affidavits. This determination is without prejudice to a renewal upon a complaint which shows ownership of the mortgage in the plaintiff.