MATTER OF CAREY


249 A.D.2d 542 (1998)

672 N.Y.S.2d 131

In the Matter of The Estate of Robert E. Carey, Deceased. Vito Agueli, Respondent; Arthur W. Decker, as Executor of Robert E. Carey, Deceased, Appellant

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

April 27, 1998


Ordered that the order and decree is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the respondent's motion which was for summary judgment on his cause of action to recover $74,500, representing an amount owed by the estate in connection with a contract to sell a life estate in certain property, is denied; and it is further,

Ordered that upon searching the record, that branch of the respondent's motion which was for...

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