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BAYLES v. MARVIN

32 A.D.2d 773 (1969)

Frank H. Bayles, Jr., et al., Appellants, v. Denos P. Marvin, Respondent

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

June 2, 1969

No opinion.

Martuscello, J., concurs insofar as the order denied plaintiffs' motion for summary judgment, but otherwise dissents and votes to strike out the second and third decretal paragraphs of the order, which inter alia granted summary judgment to defendant, with the following memorandum:

In this action to impress a trust upon certain real property and for other and alternative relief, the order under review denied plaintiffs' motion...

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