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RANDALL v. MCGRATH

503707.

2008 NY Slip Op 05999

CHRISTINE RANDALL, Respondent, v. AUSTIN McGRATH, Appellant.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

The Wilcox Firm, Troy (Charles J. Wilcox of counsel), for appellant.

The Pollock Law Firm, Albany (David J. Pollock of counsel), for respondent.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

Plaintiff commenced this action to recover possession of a John Deere track loader from defendant, who contends that plaintiff's deceased husband (hereinafter decedent) gave the piece of equipment to him on August 14, 2002. According to defendant, while he and decedent toured decedent's property that day, the pair spotted the track loader out in a field, sitting in disrepair. When defendant inquired about it, decedent allegedly...

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