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MATTER OF VIOLI

65 N.Y.2d 392 (1985)

In the Matter of The Estate of Angela Violi, Deceased. Vincent D'Antoni et al., Respondents; Anthony L. Violi, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Michael Swaaley and Ralph P. Casella for appellant.

Linda Smyth Victorio and Howard G. Meyers, Jr., for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and BOOMER concur with Judge KAYE; Judge MEYER dissents and votes to affirm in a separate opinion in which Judge JASEN concurs; Judge TITONE taking no part.

KAYE, J.

In their separation agreement, a husband and wife provided that the marital residence they owned as tenants by the entirety would, within four years, be sold at the prevailing market price, and the proceeds divided between them. Before termination of the marriage, and before any sale, the wife died. In this action by the administrators of her estate to recover half the proceeds from the subsequent sale...

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