Estate of Gardner v. Carson

Appeal from an order of the Supreme Court (Dawson, J.), entered March 24, 1999 in Essex County, which granted a motion by third-party plaintiff for partial summary judgment seeking to compel third-party defendant to comply with the withdrawal provision of a partnership agreement.

In June 1989 third-party defendant, Alan Gardner, and his brother-in-law, defendant Anthony Carson, entered into a partnership agreement for the purpose of operating a gravel pit on a 10-acre parcel in Essex County owned by Gardner’s mother and leased to the partnership. The lease was for a 10-year term with an option…