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WAGNER v. MINNICK

11 A.D.2d 744 (1960)

Herman C. Wagner et al., Appellants, v. Esther T. Minnick et al., Respondents

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

June 27, 1960

Order insofar as appealed from reversed, without costs, and motion granted.

The subject agreement applied to any transfer of an interest in the property, whether by sale or gift. The transfer of defendant Minnick's interest to defendant Payne violated the agreement, and the question whether it was a sale or a gift is irrelevant and raises no triable fact issue. Nor does defendant Minnick raise a triable fact issue by stating...

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