Order reversed, with $10 costs and disbursements, motion for summary judgment denied, and judgment vacated.
In our opinion, questions of fact were presented, precluding the granting of summary judgment, as to the delivery of the 1945 deed to appellant's wife, and as to estoppel. Delivery of the deed was essential to the transfer of title (Ten Eyck v. Whitbeck, 156 N.Y. 341, 352). While the execution and recording of a deed may give rise to a presumption of...
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