NASH v. FRANK


9 Misc.2d 103 (1957)

Edward M. Nash, Plaintiff, v. Max Frank, Individually and as Executor of Louis B. Frank, Deceased, et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

September 10, 1957.


Attorney(s) appearing for the Case

Sydney D. Robins for plaintiff.

Robert J. Philips for defendants.

Louis J. Lefkowitz, Attorney-General, for the People of State of New York, defendant.


IRVING H. SAYPOL, J.

The plaintiff and the individual defendants' testamentary devisor Louis Frank, uncle and nephew, respectively, were tenants in common of the three parcels of real property in suit. In this action for partition the single issue is whether or not there was an agreement which operates to defeat the plaintiff's right to relief.

The answer originally pleaded a general denial and an affirmative...

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