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JONES v. FOWLER

201 A.D.2d 878 (1994)

609 N.Y.S.2d 709

Donald W. Jones et al. Respondents, v. John V. Fowler et al., Appellants. (Appeal No. 1.)

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

February 4, 1994

Order unanimously affirmed with costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that, unlike Zaccaro v Congregation Tifereth Israel (20 N.Y.2d 77) and other authority cited by defendants, plaintiffs did not delay in asserting their rights, and defendants were neither induced to act nor prejudiced by the silence or acquiescence of plaintiffs. Plaintiffs are not estopped...

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