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ZELBER v. LEWOC

6 A.D.3d 1043 (2004)

776 N.Y.S.2d 134

JOHN F. ZELBER, Respondent, v. ANTHONY LEWOC et al., Defendants, and ADVANTAGE EQUITY SERVICES, INC., et al., Appellants.

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

April 29, 2004.

Carpinello, J.

Plaintiff owned real property in Ulster County. According to him, he had an agreement with defendant Anthony Lewoc to improve and market this property and thereafter divide all profits from its sale equally. Prior to any such sale, however, plaintiff transferred all title to Lewoc without retaining any incidents of ownership to himself. This permitted Lewoc to mortgage the property for $140,000 without plaintiff's knowledge or consent and abscond with...

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