BING v. MORGAN GUAR. TRUST CO.


17 A.D.2d 132 (1962)

Anna H. Bing, Appellant, v. Morgan Guaranty Trust Company of New York, as Trustee under The Will of Irving Blumenthal, Deceased, et al., Respondents, et al., Defendant Peter S. Bing, Appellant, v. Morgan Guaranty Trust Company of New York, as Trustee under The Will of Irving Blumenthal, Deceased, et al., Respondents, et al., Defendant

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

October 23, 1962.


Attorney(s) appearing for the Case

Arthur Richenthal of counsel (Irving M. Moss and David Abrams with him on the brief), for appellants.

Haliburton Fales, II, of counsel (Charles F. G. Raikes with him on the brief; White & Case, attorneys), for respondents.

Abraham S. Robinson for infant and others, respondents.

Harry Grossman for infants and others, respondents.

BREITEL, J. P., VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.


Per Curiam.

In these two actions, involving like questions, plaintiffs appeal from orders denying their motions for summary judgment. As the positions of the parties are the same and what is decided applies to both actions, only one will be discussed. The action is brought to partition real property, consisting of a commercial building. The property is held in the names of plaintiff and defendants as tenants in common...

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