ESTATE OF AMENDOLA v. KENDZIA


48 A.D.3d 1173 (2008)

850 N.Y.S.2d 777

ESTATE OF FRANK A. AMENDOLA, Deceased, et al., Respondents, v. BARBARA A. KENDZIA, Appellant. BARBARA A. KENDZIA, Individually and on Behalf of CCB ASSOCIATES, Counterclaim Plaintiff-Appellant, v. ESTATE OF FRANK A. AMENDOLA, Deceased, et al., Counterclaim Defendants-Respondents.

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

Decided February 1, 2008.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum:

The original plaintiffs, a partnership and three general partners, commenced this action against the fourth general partner, who counterclaimed individually and on behalf of the partnership against the individual plaintiffs. One of the plaintiff partners subsequently died, and his estate was substituted as a plaintiff...

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