RUBIN v. MILO


214 A.D.2d 415 (1995)

625 N.Y.S.2d 34

Sylvia Rubin, Individually and as Executrix of Herman Rubin, Deceased, Appellant, v. Sheldon Milo et al., Respondents

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

April 18, 1995


The IAS Court correctly held that the note, which named plaintiff as a payee and stated that it "emanate[d]" from the simultaneously executed contract in which plaintiff's decedent, her husband, sold his dental practice to defendants, and the contract, which did not name plaintiff as a party, provided that the payment obligation was to be secured by a promissory note, and also provided for arbitration to resolve any disputes arising under the contract, must be read together...

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