Order reversed, with $10 costs and disbursements, and motion denied.
In our opinion appellant as executor of the deceased partner did not have the books and records of the partnership under his control. Upon the death of a partner the right to specific partnership property vests in the surviving partner. (Partnership Law, § 51, subd. 2, par. [d]; Josephberg v. Cavallero, 262 App. Div. 1; Williams v. Whedon, 109 N.Y. 333; Murdock v. McCutchen...
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