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SMITH v. ESTATE OF LaTRAY

161 A.D.2d 1178 (1990)

Anna P. Smith, Respondent, v. Estate of Evelyn M. LaTray et al., Appellants

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

May 11, 1990

Judgment unanimously reversed on the law with costs and plaintiff's motion for summary judgment denied.

Memorandum:

Plaintiff Anna Smith and her deceased husband, Paul, owned property next to that owned by Dewey and Evelyn LaTray in Cape Vincent, Jefferson County. On August 15, 1958 the Smiths conveyed half of lot 17 of the Pond tract to the LaTrays. At the same time they entered into a separate agreement whereby the LaTrays bound themselves, should they ...

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