Opinion
September 14, 1998
Appeal from the Supreme Court, Orange County (Angiolillo, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
From 1969 to 1973, lots 104-1-16.1 and 104-1-16.2 for the tax map of the Village of Tuxedo Park were held by a husband and wife as tenants by the entirety. In 1973, lot 104-1-16.1 was conveyed to the wife alone, but lot 104-1-16.2 remained in joint ownership. Thereafter, lot 104-1-16.1 was conveyed to Mary J. Diem by the trustees of the wife's residuary trust under her will. On the same date, lot 104-1-16.2 was conveyed to Robert Diem by the executors of the estate of the husband. As there was no specific merger clause in the Village of Tuxedo's zoning ordinance during the time when the two lots were held in joint ownership, the two lots did not merge ( see, Matter of Allen v. Adami, 39 N.Y.2d 275).
Miller, J.P., Krausman, McGinity and Luciano, JJ., concur.