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MATTER OF HARRISON v. DE LUKE CO.

35 Misc.2d 39 (1962)

In the Matter of Minham Harrison, Petitioner, v. L. A. De Luke Company, Inc., Respondent.

County Court, Schenectady County.

June 29, 1962

Attorney(s) appearing for the Case

Parisi, De Lorenzo & De Angelus (Thomas De Lorenzo of counsel), for petitioner. Harold Blodgett for respondent.

ARCHIBALD C. WEMPLE, J.

It is undisputed that the petitioner is a tenant in common with co-owners and cotenants, Joseph L. Hanson, Jr. and Salvatore Dagostino. When the petitioner acquired his partial title by deed dated October 31, 1961 (recorded in the Schenectady County Clerk's office in Book 816 of Deeds, p. 50) the respondent tenant was in possession of a portion of the premises as tenant of the then co-owners Hanson and Dagostino. Testimony also...

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