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CAPOZZOLA v. OXMAN

216 A.D.2d 509 (1995)

628 N.Y.S.2d 777

Angelina Capozzola, as Executrix of Angelo Mottola, Deceased, et al., Respondents, v. Laurence A. Oxman et al., Appellants

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

June 26, 1995

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contentions, the Supreme Court properly determined that the plaintiff Angelina Capozzola had the authority as executrix of the estate of Angelo Mottola to enter into a contract to sell them a parcel of land held by the estate. Although Capozzola was issued letters testamentary in 1947 and the contract of sale was entered into in 1989, this mere passage...

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