DILLON v. MAGNER


29 A.D.2d 759 (1968)

Thomas J. Dillon, as Executor of Mary Magner, Deceased, Respondent, v. James P. Magner et al., Appellants

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

February 5, 1968


Judgment reversed insofar as appealed from, on the law and the facts, without costs; complaint dismissed as to defendant Dorothy E. Magner, without costs; and new trial on the limited issue of damages on the first cause of action granted as against defendant James P. Magner, with severance of said cause as to him.

The decedent and her son, defendant James P. Magner, entered into an agreement whereby she transferred real property to him and he agreed to pay to her...

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