KRULWICH v. POSNER


291 A.D.2d 301 (2002)

738 N.Y.S.2d 315

TERRY A. KRULWICH, Respondent-Appellant, v. ROBERT A. POSNER, Appellant-Respondent.

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

Decided February 21, 2002.


The source of dissention between the interested parties— brothers and, effectively, general partners in Eastville Realty Company—is the structure of the transfer of the partnership's sole asset, a residential apartment building. (Although plaintiff trust is the nominal general partner, it is uncontested that S. Paul Posner [Paul], the grantor, acted as the de facto trustee in place of the nominal trustee, his wife.) Paul Posner sought a cash sale, while defendant...

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