COCCELLATO v. COCCELLATO


168 A.D.2d 872 (1990)

Marco Joseph Coccellato, Respondent, v. Marco J. Coccellato, Appellant

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

December 27, 1990


Mahoney, P. J.

Plaintiff's father (hereinafter decedent) and defendant were partners, with a motel in Greene County as a primary asset. There is a dispute over whether the partnership was still in existence when decedent died in 1983 in California. An ancillary administrator was appointed and sought permission from Surrogate's Court to sell decedent's alleged interest in the real property to defendant. Plaintiff, who is a residuary beneficiary under decedent...

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