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MATTER OF KATZ (SCHWARTZ)

11 A.D.2d 89 (1960)

In the Matter of the Arbitration between Anna Katz, as Executrix of Martus Katz, Deceased, Respondent, and Sol Schwartz et al., Appellants

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

July 5, 1960.

Attorney(s) appearing for the Case

Jeremiah S. Gutman of counsel (Levy, Gutman, Goldberg & Null, attorneys), for appellants.

Abraham Kantor for respondent.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur in Per Curiam opinion; McNALLY and STEVENS, JJ., dissent and vote to reverse and dismiss in dissenting opinion by McNALLY, J.

Per Curiam.

Petitioner is executrix of the estate of the decedent, who some years ago entered into a partnership agreement with the two respondents concerning the operation of a luncheonette business. This agreement, insofar as pertinent, contained the following provision: "15. In the event that any partner shall die, the representative of the estate of the deceased partner shall sell and the surviving partners together...

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