RHODES v. TOWN OF DEERPARK


50 A.D.2d 566 (1975)

Mary C. Rhodes, Respondent, v. Town of Deerpark et al., Appellants, et al., Defendant

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

November 3, 1975


Judgment affirmed, with costs.

Plaintiff established by a fair preponderance of evidence that she and her husband, defendant Richard K. Rhodes, intended that he should convey to her the entire tract in question and not just the small parcel labeled "Otisville Dump" on the survey. Despite some ambiguity, his 1965 deed to her, reasonably construed, gave effect to their intention, and the trial court properly so found. The defendant Town of Deerpark took its deed with...

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