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MTR MYERS v. KEY BANK

113 A.D.2d 244 (1985)

In the Matter of Timothy F. Myers et al., Appellants, v. Key Bank, N. A., et al., Respondents

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

December 5, 1985

Attorney(s) appearing for the Case

Steven D. Farer for appellants.

Gold & Symansky (Richard D. Symansky of counsel), for respondents.

CASEY and WEISS, JJ., concur with LEVINE, J.; MAHONEY, P. J., and KANE, J., dissent and vote to reverse in an opinion by KANE, J.

LEVINE, J.

On March 13, 1981, Dolores Clark (hereinafter Clark), as administratrix of the estate of Robert Clark (hereinafter decedent), recorded a deed executed by decedent in November of 1978 purporting to convey the Sleepy Hollow Apartment complex in Greene County (hereinafter the property) to herself. In February of 1982, Clark joined in an application to respondent Key Bank, N. A. for a loan and represented in a financial statement that she owned...

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