ESTATE OF GARDNER v. CARSON


295 A.D.2d 709 (2002)

743 N.Y.S.2d 326

ESTATE OF FLORA M. GARDNER, Plaintiff, v. ANTHONY CARSON, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. ALAN GARDNER, Third-Party Defendant-Appellant.

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

Decided June 13, 2002.


Rose, J.

In this action to quiet title to property leased to a partnership between defendant Anthony Carson (hereinafter defendant) and third-party defendant, Alan Gardner, and for an accounting of partnership assets, Supreme Court granted defendant partial summary judgment declaring the withdrawal provision of their partnership agreement to be binding and directing Gardner to make an offer to purchase defendant's partnership equity within 60 days. Gardner appealed...

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