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BABIARZ v. GASPARINI

198 A.D.2d 608 (1993)

603 N.Y.S.2d 915

Edward Babiarz et al., Respondents, v. Josephine Gasparini, Appellant, et al., Defendant

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

November 10, 1993

White, J.

In 1979 plaintiffs, who are defendants' daughter and son-in-law,* commenced this action seeking to impose a constructive trust upon and possession of certain real property defendants owned in Ulster County. On August 30, 1983, the parties entered into an open-court stipulation settling this action which provided, inter alia, that plaintiff Edward Babiarz would have a seven-month period in which to exercise...

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