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SEPULVEDA v. AVILES

308 A.D.2d 1 (2003)

762 N.Y.S.2d 358

ELBA SEPULVEDA et al., Appellants, v. DAVID AVILES, Respondent.

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

June 19, 2003.

Attorney(s) appearing for the Case

Richard J. Montelione of counsel (Montelione & Associates, P.C., attorneys), for appellants.

Peter Carparelli for respondent.

NARDELLI, J.P., MAZZARELLI, ROSENBERGER and ELLERIN, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

Plaintiffs Elba and Victor Sepulveda are the coexecutors of the estate of the decedent Agnes Seals, as well as beneficiaries under her will. In October 1998, they commenced the instant action against defendant David Aviles to set aside the 1994 conveyance of a building located at 306 East 119th Street (the building) from Seals to Aviles for $50,000, on the ground that it was procured through fraud and undue influence. Plaintiffs...

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