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COHN v. UNITED STATES TRUST CO.

127 A.D.2d 523 (1987)

Edward A. Cohn, Appellant, v. United States Trust Company et al., as Executors of Sidonia F. Graham, Deceased, et al., Respondents

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

February 19, 1987

Special Term correctly dismissed plaintiff's complaint for failure to state a cause of action. Plaintiff alleges in the complaint that the letter of intent to sell him the shares of a cooperative apartment and its furniture, which made up the residuary estate of Sidonia Feltenstein Graham, was signed by beneficiaries of the estate-testamentary trust before any letters testamentary were issued. On their own, these allegations negate...

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