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MATTER OF LOEBER v. TERESI

256 A.D.2d 747 (1998)

681 N.Y.S.2d 416

In the Matter of RONALD G. LOEBER, Petitioner, v. JOSEPH C. TERESI, as Justice of the Supreme Court, et al., Respondents. ROBERT MARINI BUILDER, INC., Respondent, v. CHARLES J. RAO, Defendant and Third-Party Plaintiff-Respondent; RONALD G. LOEBER, Individually and as Proposed Executor/Administrator of the Estate of CONRAD LOEBER, Deceased, et al., Third-Party Defendants-Appellants.

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

Decided December 10, 1998.

Spain, J.

In 1991, Conrad Loeber (hereinafter decedent) conveyed his farm located in the Town of Guilderland, Albany County, to defendant, Charles J. Rao. The deed from decedent to defendant reserves the farmhouse, as well as a water easement over the conveyed property. In 1996, defendant sold the parcel to plaintiff, Robert Marini Builder, Inc. At that time a defect was noticed in the original 1991 deed to defendant regarding the location of the parcel reserved by...

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