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WEINSTEIN v. HOHENSTEIN

69 N.Y.2d 1017 (1987)

Gertrude Weinstein, as Executrix of Selma S. Hohenstein, Deceased, et al., Respondents, v. Walter P. Hohenstein, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 4, 1987.

Attorney(s) appearing for the Case

James P. Dollard, Jr., for appellant.

Fred D. Weinstein and Max Block, Jr., for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

By their separation agreement, defendant (the husband) and plaintiff's decedent (the wife) provided that during her lifetime the wife would have sole use and occupancy of the marital home — a rent-controlled apartment for which there has been no lease for over 10 years — but that on her death the husband would succeed to...

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