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TAYLOR v. BOWNE

50 A.D.2d 844 (1975)

Hugh Taylor, as Executor of Dorothy S. Fairfax, Deceased, Respondent, v. Betty Bowne, Appellant

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

December 15, 1975

Order affirmed, without costs.

The papers submitted on the motion present a question of fact as to whether defendant and plaintiff's testatrix intended to enter into a novation, substituting the obligation to pay under a mortgage for the obligation to reconvey the real property in question upon request of plaintiff's testatrix.

Shapiro, J., dissents and votes to reverse the order and grant the motion, with the following memorandum:

In...

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