BIRNBAUM v. BIRNBAUM


139 A.D.2d 462 (1988)

Jay B. Birnbaum, Respondent, v. Saul I. Birnbaum, Appellant. Ilene L. Flaum et al., Respondents, v. Saul I. Birnbaum, Appellant, and Jay B. Birnbaum, Respondent

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

April 26, 1988


This is an internecine dispute between the plaintiffs, brother and sister Jay Birnbaum and Ilene Flaum, and their uncle Saul, the defendant-appellant herein. Telescoping the considerable background, the plaintiffs' father Bernard and Saul were, for many years, partners in a real estate business and, upon Bernard's death in 1976 plaintiffs succeeded to their father's interests.

Among other things, there was a failing shopping...

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