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WEISS v. GARFIELD

21 A.D.2d 156 (1964)

Isidor Weiss, Plaintiff-Respondent, v. Oliver Garfield et al., Defendants-Appellants

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

May 12, 1964.

Attorney(s) appearing for the Case

Gustave B. Garfield for appellants.

Samuel H. Stuttman for respondent.

GIBSON, P. J. REYNOLDS, TAYLOR and AULISI, JJ., concur.

HAMM, J.

Special Term denied the defendants' motion for summary judgment.

The plaintiff on March 18, 1960, entered into a contract with the defendant Oliver Garfield for the sale of land consisting of three parcels. The third parcel was described in the contract as follows:

"ALSO all that tract or parcel of land, situate in the Town of Cochecton, County of Sullivan, and State of New York, taken...

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