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ESTATE OF GARDNER v. CARSON

271 A.D.2d 721 (2000)

705 N.Y.S.2d 431

ESTATE OF FLORA M. GARDNER, Appellant, v. ANTHONY CARSON, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. ALAN GARDNER, Third-Party Defendant-Appellant.

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

Decided April 6, 2000.

Graffeo, J.

In June 1989 third-party defendant, Alan Gardner, and his brother-in-law, defendant Anthony Carson, entered into a partnership agreement for the purpose of operating a gravel pit on a 10-acre parcel in Essex County owned by Gardner's mother and leased to the partnership. The lease was for a 10-year term with an option to renew for two additional 10-year terms. The first payment by the lessees was to be made 30

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