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MATTER OF SCHNEIDER

262 A.D.2d 201 (1999)

693 N.Y.S.2d 12

In the Matter of the Estate of HELEN N. SCHNEIDER, Deceased. GEORGE A. SCHNEIDER, as Preliminary Executor of DANIEL E. SCHNEIDER, Deceased, as Executor of HELEN N. SCHNEIDER, Deceased, Respondent; ROBERT M. CALLAGY, as Preliminary Executor of HELEN N. SCHNEIDER, Deceased, Appellant.

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

Decided June 22, 1999.

The motion was properly denied on the ground that issues of fact exist as to when petitioner's decedent (the husband) first demanded reconveyance of the subject property, and when respondent's decedent (the wife) first repudiated her alleged promise to reconvey the property on demand, thereby starting the Statute of Limitations (see, Sitkowski v Petzing, 175 A.D.2d 801). Petitioner's bill of particulars does contain an admission...

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