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BRODSKY v. BANNON

46 A.D.2d 334 (1974)

Carol Brodsky, as Executrix of George Brodsky, Deceased, Respondent, v. Frank Bannon et al., Doing Business Under the Name of Oakdale Home Village, Appellants

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

December 30, 1974.

Attorney(s) appearing for the Case

Leonard Feldman for appellants.

Jacob Lewis Gold (Isidore Shapiro with him on the brief), attorney for respondent.

MARKEWICH and TILZER, JJ., concur with STEUER, J.; CAPOZZOLI, J., dissents in an opinion, in which McGIVERN, P. J., concurs.

STEUER, J.

The defendants, together with George Brodsky, were partners in the operation of a trailer park in South Brunswick, New Jersey. Brodsky died December 31, 1969. According to the partnership agreement the surviving partners had the right to acquire the deceased partner's interest by paying a sum arrived at by a specific formula. The sum came to $32,847, and defendants offered to pay this sum to plaintiff...

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