SCHULER v. BIRNBAUM


62 A.D.2d 461 (1978)

Joseph Schuler, Respondent, v. Janice S. Birnbaum et al., as Coexecutors of Bernard P. Birnbaum, Deceased, Appellants

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

May 26, 1978


Attorney(s) appearing for the Case

Wegman, Mayberry, Burgess, Feldstein & Speranza (Richard S. Mayberry and Maureen F. Glasheen of counsel), for appellants.

Nixon, Hargrave, Devans & Doyle (Sherry S. Kraus and William D. Eggers of counsel), for respondent.

MARSH, P. J., DILLON, HANCOCK, JR., and DENMAN, JJ., concur.


SIMONS, J.

In 1964 plaintiff and Robert Hurlbut formed a partnership with defendants' testator with the intention of constructing and operating a nursing home in Corning, New York. Preliminarily, the architectural firm of Corgan & Balestiere was retained by the partnership to prepare nursing home plans for submission to the appropriate State agency together with the partnership's license application. The...

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