Ordered that the judgment is reversed, with costs, and the complaint is reinstated.
Where there are conflicting factual allegations concerning whether a deed was delivered and accepted with the intent to convey an interest in property, the questions raised should be resolved by a jury (see, Ten Eyck v Whitbeck, 156 N.Y. 341, 352; 4 Warren's Weed, New York Real Property, Delivery, § 2 [4th ed]; 1 Rasch, New York Law and Practice of Real Property...
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