PEOPLE v. OSBORN


33 N.Y.2d 833 (1973)

The People of the State of New York, Respondent, v. Katharine S. Osborn et al., as Executors of William H. Osborn, Deceased, Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1973.


Attorney(s) appearing for the Case

Christopher G. Stoneman, Robert D. Sack and Christopher C. Angell, for appellants.

Louis J. Lefkowitz, Attorney-General (Irwin M. Strum, Samuel A. Hirshowitz and Palmer B. Wald of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.


Order affirmed, without costs, in the following memorandum: In exchange for the transfer of certain lands to be used for park purposes, the State agreed to permit the grantor the exclusive right, along with State vehicles, to operate his vehicles on the transferred land following vesting of title in the State. This exchange was the result of arm's length negotiations between the parties, fundamental to the contract and which uniquely benefited the grantor. Such a bargain...

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