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HELLER v. HELLER

216 A.D.2d 355 (1995)

628 N.Y.S.2d 177

David Heller, Respondent-Appellant, v. Patricia Heller, Individually and as Executrix of Alfred Heller, Deceased, Appellant-Respondent

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

June 12, 1995

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

A partnership agreement which provides that, upon the death of one partner, his interest shall pass to the surviving partner, lies in contract, and is unquestionably valid (see, Matter...

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