STUDLEY v. NAT'L FUEL


107 A.D.2d 122 (1985)

Bertha E. Studley, Appellant, v. National Fuel Gas Supply Corporation, Respondent. (And a Third-Party Action.)

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

March 1, 1985


Attorney(s) appearing for the Case

Gross, Shuman, Brizdle, Laub & Gilfillan, P. C. (Robert J. Feldman of counsel), for appellant.

Peter G. Terranova for respondent.

CALLAHAN, DENMAN, BOOMER and O'DONNELL, JJ., concur.


HANCOCK, JR., J. P.

In her declaratory judgment action, plaintiff seeks to invalidate two written oil and gas leases given originally to a lease broker — third-party defendant John R. Murphy, doing business as Murphy Oil Company (Murphy) — a prior assignor of defendant. During the nonjury trial she sought to prove under the rule stated in Hicks v Bush (10 N.Y.2d 488) that the leases were

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