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GRACE v. DEEPDALE, INC.

3 A.D.2d 397 (1957)

Michael P. Grace, II, Individually and as Trustee under The Will of Janet Grace, Deceased, Respondent, v. Deepdale, Inc., et al., Respondents, and Grace Properties, Inc., et al., Appellants, et al., Defendants Corinne Grace, as Guardian ad Litem for Michael P. Grace, Jr., an Infant, Respondent, v. Joseph P. Grace, Jr., et al., as Trustees under The Will of Janet Grace, Deceased, Respondents, and Charles M. Grace, as Trustee under The Will of Janet Grace, Deceased, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 26, 1957.

Attorney(s) appearing for the Case

William E. Hegarty of counsel (Lawrence J. McKay and Arthur Mermin with him on the brief; Cahill, Gordon, Reindel & Ohl, attorneys), for appellants.

Samuel D. Cohen of counsel (Albert Heit with him on the brief; Margulies & Heit, attorneys), for Michael P. Grace, II, defendant-respondent.

Charles Hayden of counsel (O'Dwyer & Bernstein, attorneys), for Michael P. Grace, II, plaintiff-respondent.

David M. Potts of counsel (Abraham Wilson with him on the brief; Kadel, Wilson & Potts, attorneys), for Corinne Grace, respondent.

BREITEL, J. P., BOTEIN, RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

Involved in this case are two actions, now consolidated, to rescind an executory contract for the sale of real property located in Nassau County. In an independent proceeding, arising in incompetency proceedings brought in Nassau County, the contract has been approved (Matter of Grace, 2 A.D.2d 222, affd. 2 N.Y.2d 822). Special...

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