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Patrick Dougherty, Appellant, v. Samuel McMillan et al., Respondents

New York Supreme Court, Appellate Term1899-01
25 Misc. 782

Authorities cited

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Opinion

majority opinion

Per Curiam.

The petition does not allege, nor do: the proofs show, that the petitioner had any interest whatever in the premises in suit.

The proceedings were, therefore, properly dismissed by the trial justice (Code of Civ. Pro., § 2235; Potter v. New York Bap. Mission Society, 23 Misc. Rep. 671; Ross v. Same, id. 683), and it follows that the final order appealed from must be affirmed, with costs. Present: Beekman, P. J., Gildersleeve and Giegerich, JJ..

Order affirmed, with costs.