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EPSTEIN v. SCALLY

99 A.D.2d 713 (1984)

Thomas Epstein, as Executor of Emanuel Z. Epstein, Deceased, Appellant, v. Jerome T. Scally, Respondent

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

February 16, 1984

Those facts of this case which are uncontested by the parties are fairly stated in the dissent. However, the facts that are at the heart of this dispute are sharply disputed by the parties and thus require a trial, as Special Term correctly held. Defendant has asserted that he was fraudulently induced to execute the promissory note and contract of sale for the purchase of plaintiff's deceased brother's medical practice. He claims...

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