MATTER OF DAVID


275 A.D.2d 964 (2000)

714 N.Y.S.2d 175

In the Matter of the Estate of CHARLES J. DAVID, Deceased. RICHARD BARNASKEY, Respondent; RICHARD C. DAVID, as Administrator C. T. A. of the Estate of CHARLES J. DAVID, Deceased, Appellant.

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

Decided September 29, 2000.


Order unanimously reversed on the law with costs and petition dismissed.

Memorandum:

Petitioner purchased real property on Crystal Lake subject to a 99-year lease granted by the previous owners to Charles J. David (decedent). Decedent bequeathed the leasehold to his widow, Ruth, who subsequently bequeathed it to her children. Petitioner commenced this proceeding seeking to compel respondent, as administrator C. T. A. of decedent's estate, to obtain petitioner...

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