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STENBERG v. DAVIS

31 A.D.3d 429 (2006)

818 N.Y.S.2d 521

ELEANOR R. STENBERG, Respondent, v. SANDRA R. DAVIS, Defendant and Third-Party Plaintiff-Respondent. FAITH HELLER WILLINGER, Third-Party Defendant-Appellant.

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

July 5, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The significant facts are not in dispute. In May 1981 spouses Jack Heller and Bertha Heller owned, inter alia, condominium unit 9N (hereinafter unit 9N) located at 5055 Collins Avenue, Miami Beach, Florida. On May 14, 1981 they entered into an agreement, which set forth that as to their jointly owned property of "two condominium residences," one described...

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