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FRIEDMAN v. ROTHSCHILD

10 A.D.2d 984 (1960)

Mildred Friedman, Plaintiff, v. Fred D. Rothschild et al., Defendants

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

May 23, 1960

Submission dismissed, without costs.

The question to be determined is whether title is marketable. Plaintiff appears to concede, as we believe she must, that, in order to find title marketable, we must find that Murray Friedman died in 1958. Although upon trial a court could make such a finding we may not draw inferences from the conceded facts. We may only decide the law on the facts submitted. (See Cohen v. Manufacturers Safe Deposit Co., 297 N.Y. 266;

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