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ALLEGRO v. YOUELLS

506323.

67 A.D.3d 1081 (2009)

889 N.Y.S.2d 263

2009 NY Slip Op 07896

ROBERT ALLEGRO, Appellant, v. HAZEL YOUELLS, as Executor of Iva L. KELLAM, Deceased, Respondent, et al., Defendant.

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

Decided November 5, 2009.

Kavanagh, J.

On April 29, 2004, decedent entered into a contract in which she agreed to sell to her nephew, defendant Charles H. Roosa, and his wife a portion of undeveloped property that she owned in the Town of Owego, Tioga County. The contract (hereinafter the Roosa contract) described the property to be sold as "11.1 acres of land contiguous to Roosa property as set forth on the attached sheet." Three months later,...

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