73 N.Y.2d 461 (1989)

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

Court of Appeals of the State of New York.

Decided May 9, 1989.

Attorney(s) appearing for the Case

Richard H. Dolan for appellant-respondent.

Norman M. Spindelman, Richard S. Brovitz and Carter H. Strickland for respondents-appellants.

Judges SIMONS, KAYE, ALEXANDER and TITONE concur; Judges HANCOCK, JR., and BELLACOSA taking no part.

Chief Judge WACHTLER.

For many years respondent Saul Birnbaum and his brother Bernard Birnbaum engaged in joint real estate enterprises. When Bernard died in 1976, a large portion of his real estate holdings passed to his children, Jay Birnbaum and Ilene Flaum, who are appellants here. An intermixture of familial and economic discord followed, however, between Saul on one side and Jay and Ilene on the other,...

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