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GILBERT v. VAN KLEECK

284 A.D. 611 (1954)

Harry Gilbert, Respondent, v. William J. Van Kleeck, as Administrator of The Estate of Samuel J. Van Kleeck, Deceased, and as Administrator with The Will Annexed of John D. Van Kleeck, Deceased, et al., Defendants-Appellants, and Crosby-Mertz, Inc., Intervener-Appellant

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

July 8, 1954.

Attorney(s) appearing for the Case

Samuel W. Eager, Jr., for intervener-appellant.

James Abernethy for defendants-appellants.

John J. Egan for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

The plaintiff entered into an agreement with Samuel J. Van Kleeck, individually and as executor of the estate of John D. Van Kleeck, on November 15, 1948, for the purchase of a parcel of real property in the business section of Kingston, New York. There were several stores upon the premises; one, occupied as a barbershop, had been leased to one Ferrara by Van Kleeck on February 15, 1945; another, a...

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