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VAN WORMER v. GIOVATTO

42 A.D.2d 320 (1973)

Harold Van Wormer, Appellant, v. John Giovatto et al., Respondents

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

August 2, 1973.

Attorney(s) appearing for the Case

Alford & Lynes (David B. Alford of counsel), for appellant.

Fritts & Whiting (Roger M. Fritts of counsel), for John Giovatto, respondent.

Henry B. Whitbeck, County Attorney, for Harold O. Esmay, respondent.

MAIN, J., concurs with GREENBLOTT, J.; HERLIHY, P. J., and SWEENEY, J., concur in the result in a separate opinion by HERLIHY, P. J.; KANE, J., not taking part.

GREENBLOTT, J.

This is an appeal from a judgment of the Supreme Court in favor of the defendants, entered June 28, 1972 in Schoharie County, upon a decision of the court at a Trial Term, without a jury.

In 1960, Wellington E. Van Wormer died, leaving the real property in question to the appellant by will. The property consisted of two adjacent parcels separated by a creek, one improved with a residence and the other vacant. The parcels were taxed...

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