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MATTER OF KOVI

282 A.D.2d 374 (2001)

723 N.Y.S.2d 190

In the Matter of the Estate of PAUL C. KOVI, Deceased. EVA PUSTA, Respondent; LAWRENCE KOVI, Appellant.

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

Decided April 24, 2001.

The decedent's will directs that petitioner, who had shared the subject cooperative apartment with the decedent for some 14 years, is to have the right to live in the apartment "without payment of rent." It is clear from the overall testamentary design (see, Matter of Bieley, 91 N.Y.2d 520, 525) that the decedent intended that petitioner be afforded use of the apartment without financial obligation, and thus apparent that when the...

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