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KASSOVER v. KASSOVER

312 N.J. Super. 96 (1998)

PHILIP KASSOVER, PLAINTIFF-APPELLANT, AND PAULA KASSOVER FIEDLER, PLAINTIFF, v. PAULA ROSE KASSOVER, DEFENDANT-INTERVENOR-RESPONDENT, AND LAWRENCE KASSOVER, SARA SLOBODIEN, HARRIET BAIME, PHYLLIS KASSOVER ANIKSTEIN, AND KATHI ANN KASSOVER, DEFENDANTS-INTERVENORS. THE GARDEN CITY CO., INC. AND SAVEMART, INC., DEFENDANTS-THIRD-PARTY PLAINTIFFS, v. MORTON KASSOVER, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1998.

Attorney(s) appearing for the Case

Frederick L. Whitmer, argued the cause for appellant (Pitney, Harden, Kipp & Szuch, attorneys; Allan M. Pepper, of the New York Bar, admitted pro hac vice, of counsel; Mr. Whitmer, on the brief).

Brian T. Bellavia, argued the cause for respondent.

Before Judges PETRELLA and SKILLMAN.

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

The individual parties to this action, all members of the Kassover family, own thirty-eight commercial properties in New York and New Jersey as tenants in common. In 1976 the parties and in some instances their predecessors in interest entered into a non-partition agreement under which they waived any right to seek partition of the properties for a period of twenty-one years. Serious disagreements subsequently...

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