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ELLMAN v. McCARTY

70 A.D.2d 150 (1979)

Martin Ellman, Appellant, v. Robert McCarty et al., Respondents

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

September 10, 1979

Attorney(s) appearing for the Case

Cahn & Cahn, P. C. (Richard C. Cahn of counsel), for appellant.

Lowenberger & Gitter (Leo W. Lowenberger of counsel), for Marion Ouderkirk, respondent.

MANGANO, GULOTTA and MARGETT, JJ., concur.

DAMIANI, J. P.

This case concerns the sale of a piece of real property owned by the defendants Robert and Joann McCarty as tenants by the entirety and improved by a one-story store building and a frame residence. Originally the McCartys had operated a small business from the store building but on August 1, 1972 they sold the business to Loretta Enos and leased the store to her for a term of 10 years. The lease...

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