Kellogg v. Kellogg

Appeal from an order of the Supreme Court (Rose, J.), entered September 26, 1989 in Tompkins County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

In March 1979, defendant opened a Mobil service station as a sole proprietorship in the City of Ithaca, Tompkins County. Over the next nine years, the business expanded to include a bottle and can redemption center and a tobacco outlet. Plaintiff, defendant’s brother, apparently worked with defendant at the business from December 1981 through January 1983. Plaintiff also helped defendant by loaning him…