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O'BRIEN v. O'BRIEN

89 Misc.2d 433 (1976)

Edward F. O'Brien, Plaintiff, v. Donald J. O'Brien et al., Defendants.

Supreme Court, Oneida County.

March 9, 1976

Attorney(s) appearing for the Case

Russo, Valvo & Versace for plaintiff. Cook & Ringrose for Donald J. O'Brien, defendant.

JOHN R. TENNEY, J.

The attorney for the plaintiff, Edward O'Brien, deceased, has moved to substitute the executrix as plaintiff in this partition action. He also moves to confirm the report of the referee which allocates the interests of the parties. Defendants argue that the partition action has abated because of the death of one of the joint tenants. They seek dismissal of the action and cancellation of the...

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