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CORTELYOU v. DINGER

62 Misc.2d 1007 (1970)

David H. Cortelyou, Jr., Plaintiff, v. Alwina E. Dinger et al., Defendants.

Supreme Court, Richmond County.

May 11, 1970

Attorney(s) appearing for the Case

Le Boeuf, Lamb, Leiby & McRae (Ernest S. Ballard, Jr., and George R. Ince, Jr., of counsel), for plaintiff. O'Malley & Boyle (John C. O'Malley and John J. Boyle of counsel), for Frances P. Headley and another, defendants. William A. Smith for Alwina E. Dinger, defendant.

VITO J. TITONE, J.

All parties have moved for summary judgment in this action to determine a claim to real property. The legal question raised appears to be one of first impression.

Lillie A. Dinger died December 7, 1954 survived by two daughters, Dorothy Dinger Cortelyou (whose husband is the plaintiff herein) and Alwina E. Dinger, one of the defendants. The last will and testament of Lillie A. Dinger...

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