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WERKING v. AMITY ESTATES

2 N.Y.2d 43 (1956)

Arthur Werking, Appellant, v. Amity Estates, Inc., et al., Respondents. Board of Supervisors of Greene County, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Joseph Malone, Jr., for appellant.

A. H. Waisman for Amity Estates, Inc., respondent.

Francis A. Ruf for Board of Supervisors of Greene County, respondent.

FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; DESMOND, J., dissents in an opinion in which DYE and FULD, JJ., concur.

CONWAY, Ch. J.

In 1934, plaintiff, as tenant, entered into possession of a 135-acre farm in the town of Greenville, Greene County, New York, under a lease with one Marilla Whitbeck, landlord, at a yearly rental of $150. Plaintiff remained in possession under the lease until about 1948, when the landlord and he entered into an agreement whereby plaintiff could purchase the...

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