ARONSON v. RILEY


59 N.Y.2d 770 (1983)

Howard P. Aronson et al., as Trustees Under the Last Will and Testament of Edward Satenstein, Deceased, Appellants, v. Donald N. Riley, Individually and as Administrator of The Estate of Florence Chaloux, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1983.


Attorney(s) appearing for the Case

John B. Sherman, Sheldon Bunin and Mark V. Olsen for appellants.

Anthony Pasquantonio for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court denying defendant's motion for summary judgment reinstated.

We conclude that the restrictive agreement between Edward Satenstein and the Chaloux' is ambiguous and that it cannot be determined as a matter of law on examination of the agreement alone whether transfer by intestate succession did or did not fall...

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