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GORDON v. MAZUR

284 A.D. 289 (1954)

Bennet Gordon, Respondent, v. Helen Mazur et al., Individually and as Trustees, Appellants

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

June 8, 1954.

Attorney(s) appearing for the Case

Samuel Gottlieb of counsel (Harry Giesow with him on the brief; Spiro, Felstiner & Prager, attorneys), for appellants.

Abraham Wilson of counsel (John C. Walsh and Harold N. Schwinger with him on the brief; Kadel, Wilson & Potts, attorneys), for respondent.

PECK, P. J., COHN, BREITEL and BASTOW, JJ., concur.

BOTEIN, J.

Plaintiff and defendant Helen Mazur, together with other persons, owned certain real property as tenants in common. Plaintiff had a 30% interest and Mrs. Mazur's interest was 21 2/3%. In August, 1947, plaintiff and Mrs. Mazur entered into an agreement wherein they mutually agreed that neither of them would "sell, transfer or assign" his or her respective interest in the property without first offering...

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