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MUSCARELLE v. CASTANO

302 N.J. Super. 276 (1997)

JOSEPH L. MUSCARELLE, JR., PLAINTIFF-APPELLANT, v. GREGORY J. CASTANO, ESQ., AS ADMINISTRATOR C.T.A. OF THE ESTATE OF JOSEPH L. MUSCARELLE AND ATTORNEY-IN-FACT FOR BROOKVIEW ASSOCIATES, A NEW JERSEY LIMITED PARTNERSHIP IN LIQUIDATION, CAROLYN M. INFANTE, AND MARLENE M. FLANAGAN, DEFENDANTS-RESPONDENTS, AND MARGARET MUSCARELLE, DEFENDANT-CROSS-APPELLANT. GREGORY J. CASTANO, ESQ., AS ADMINISTRATOR C.T.A. OF THE ESTATE OF JOSEPH L. MUSCARELLE AND ATTORNEY-IN-FACT FOR BROOKVIEW ASSOCIATES, A NEW JERSEY LIMITED PARTNERSHIP IN LIQUIDATION, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. NEW YORK LIFE INSURANCE COMPANY, A NEW YORK CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Frank Holahan argued the cause for appellant (Harwood Lloyd, attorneys; Mr. Holahan, of counsel and on the brief; David M. Repetto, on the brief).

John J. DeLaney, Jr. argued the cause for cross-appellant (Cooper, Rose & English, attorneys); cross-appellant relies on the brief of appellant.

E. Neal Zimmermann argued the cause for respondent Gregory J. Castano (Waters, McPherson, McNeill, attorneys; Mr. Zimmermann, of counsel and on the brief; Matthew Malfa, on the brief).

Respondent Marlene M. Flanagan relies on the brief of respondent Gregory J. Castano.

Respondents Carolyn M. Infante and New York Life Insurance Company did not file papers.

Before Judges SHEBELL, BAIME, and BRAITHWAITE.

The opinion of the court was delivered by BAIME, J.A.D.

At issue in this appeal is the power of the Chancery Division to appoint a receiver in order to protect the interests of a minority partner in the dissolution of a partnership and the winding up of its affairs. The question is presented in the context of an attempt by plaintiff Joseph Muscarelle, Jr., who holds with his mother a majority interest in the partnership, to purchase partnership property over the vigorous...

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