SELIGSON v. RUSSO


16 A.D.3d 253 (2005)

792 N.Y.S.2d 34

AARON SELIGSON et al., as Executors of HERBERT A. ROTHMAN, Deceased, Respondents, v. ALBERT RUSSO et al., Appellants.

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

March 22, 2005.


Plaintiffs were not estopped from seeking dissolution. Their opposition to a motion to compel them to sell a certain partnership interest to defendants was not inconsistent with their request for dissolution.

In light of defendants' failure to request an evidentiary hearing, they cannot be heard to argue on appeal that one was required (see e.g. Matter of Quail Aero Serv., 300 A.D.2d 800, 803 [2002]). In any event, no hearing...

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