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Neilitz v. Neilitz

Court of Appeals of the State of New York
Nov 18, 1954
122 N.E.2d 924 (N.Y. 1954)

Opinion

Argued October 7, 1954

Decided November 18, 1954

Appeal from the Supreme Court, Appellate Division, Third Department, NEWMAN, J.

Robert L. Andrew for appellant.

Boyd McDowell, II, for respondent.



Judgment of Appellate Division and that of Special Term modified, with costs, by directing judgment in favor of plaintiff solely insofar as she seeks an accounting of the rents and/or profits realized from the rental of the dwelling house and the sale of standing timber and matter remitted to Special Term for an accounting as to these items and, as so modified, affirmed. Plaintiff, as tenant by the entirety, is entitled to an accounting of income realized from the communal property ( Hiles v. Fisher, 144 N.Y. 306, 315-316). No opinion.

Concur: LEWIS, Ch. J., CONWAY, DYE, FROESSEL and VAN VOORHIS, JJ. DESMOND, J., dissents and votes to affirm. Taking no part: FULD, J.


Summaries of

Neilitz v. Neilitz

Court of Appeals of the State of New York
Nov 18, 1954
122 N.E.2d 924 (N.Y. 1954)
Case details for

Neilitz v. Neilitz

Case Details

Full title:GERTRUDE NEILITZ, Appellant, v. AUGUST NEILITZ, Respondent

Court:Court of Appeals of the State of New York

Date published: Nov 18, 1954

Citations

122 N.E.2d 924 (N.Y. 1954)
122 N.E.2d 924

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