Martin v. Hayes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
Appeals (1) from an order of the Supreme Court (Sherman, J.), entered March 14, 2012 in Tioga County, which, among other things, granted defendant’s motion to dismiss the complaint, and (2) from an order of said court, entered April 26, 2012 in Tioga County, which awarded defendant counsel fees.
Plaintiff and defendant live on two adjoining lots. Defendant and his deceased wife previously owned both lots, but sold them to defendant’s stepdaughter, Marie Nicole Fabi, with the intent of retaining a life estate in Lot 2. The language regarding the *1292life estate, however, was mistakenly…
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