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MILLER v. LU-WHITNEY

61 A.D.3d 1043 (2009)

876 N.Y.S.2d 211

ROBERT C. MILLER et al., Respondents, v. WEN MEI (IRIS) LU-WHITNEY, as Administrator of the Estate of LAURENCE WHITNEY, Deceased, and as Administrator of the Estate of DANIEL BEN SHMUEL BARRETT, Deceased, Appellant, et al., Defendant.

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

Decided April 2, 2009.

Mercure, J.P.

This appeal involves a dispute over sculptures created by Daniel Ben Shmuel Barrett (hereinafter decedent), who died in 2003. Plaintiffs assert that, in 1989, they entered into an agreement with decedent that required them to pay him a monthly stipend for a specified period of time in exchange for an undivided one-half interest in certain of decedent's sculptures, which the three men intended to sell for a profit. In addition, decedent and plaintiffs...

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