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HARRIS v. UHLENDORF

24 N.Y.2d 463 (1969)

Joseph Harris, Respondent-Appellant, v. Bertha L. Uhlendorf et al., as Executors of Frank A. Ludlam, Deceased, Respondents, and Title Guarantee Company, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1969.

Attorney(s) appearing for the Case

William S. Cohn for Joseph Harris, respondent-appellant.

John J. Boyle and John C. O'Malley for Title Guarantee Company, appellant.

Jack Korshin and Leo J. Friedman for respondents.

Chief Judge FULD and Judges BERGAN and KEATING concur with Judge BURKE; Judge SCILEPPI dissents in part and votes to modify in an opinion in which Judges BREITEL and JASEN concur.

BURKE, J.

The defendants Uhlendorf and Zausmer are the executors of the estate of the deceased Frank A. Ludlam who, with his brother, owned a tract of land in Jamesport, Long Island. Between 1931 and 1944, the Ludlam brothers conveyed some 10 parcels of that tract to various individuals. The original tract was and is bisected by Peconic Bay Boulevard and all of the conveyances by the Ludlam brothers were of parts...

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