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SCHIMOLER v. NEWMAN

File Nos. 2013-2269/E, 2013-2269/D. 2017-01304.

175 A.D.3d 740 (2019)

107 N.Y.S.3d 111

2019 NY Slip Op 06427

William F. Schimoler et al., Appellants, v. Phyllis Newman, as Executrix of the Estate of Harry Kelber, Deceased, et al., Respondents, et al., Defendants. (Action No. 1.) Phyllis Newman, as Executrix of the Estate of Harry Kelber, Deceased, Respondent, v. Sheila M. O'Neill et al., Appellants. (Action No. 2.)

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

Decided August 28, 2019.

Ordered that the order is affirmed, without costs or disbursements.

Harry Kelber (hereinafter the decedent), at age 98, entered into a contract to sell his cooperative apartment to his neighbors William F. Schimoler and Sheila M. O'Neill (hereinafter together the appellants). The decedent died prior to the closing, and his estate refused to close. Thereafter, the appellants commenced an action (Action No. 1) in the Supreme Court, Kings County, against, among others...

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