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LEVINE v. O'MALLEY

33 A.D.2d 874 (1969)

Daniel Levine, Appellant, v. Beatrice R. O'Malley et al., Respondents

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

December 4, 1969

Order reversed, without costs, motion denied and cancellation of notice of pendency annulled.

Memorandum:

The dismissed third cause of action in the second amended complaint alleges in substance that the codefendant, Mrs. O'Malley, was incompetent at the time (April 10, 1968) that she executed a deed conveying realty to respondent, 2380 Delaware, Inc., which property, plaintiff alleges, the codefendant had previously...

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