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WITT v. DISQUE

79 A.D.2d 419 (1981)

Eloise Witt et al., Appellants, v. August J. Disque, as Specific Devisee and as Executor of Percy N. Boddy, Deceased, Respondent

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

March 16, 1981

Attorney(s) appearing for the Case

Farley, Jutkowitz, LoCascio & Balint (J. David Jutkowitz, Lee S. Wiederkehr and Joseph R. LoCascio of counsel), for appellants.

Paul F. Perreten for respondent.

MOLLEN, P. J., TITONE and WEINSTEIN, JJ., concur.

HOPKINS, J.

Special Term has granted summary judgment dismissing the complaint and declared an option held by the plaintiffs to purchase land owned by the defendant void as a restraint on the power of alienation.

We reverse. Summary judgment should not be granted in favor of either party, since there are questions of fact to be determined at trial relating to the circumstances under which the option...

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