Nussenblatt v. Nussenblatt

In an action for specific performance, plaintiff moves pursuant to CPLR 3211 (subd. [a], pars. 6 and 7) to dismiss the counterclaim of the defendant and, pursuant to CPLR 3103, to vacate a notice for examination before trial or, in the alternative, to modify such notice.

Plaintiff and the late Julius Nussenblatt entered into a partnership agreement in January, 1967. In July, 1967 the partners executed a buy and sell agreement, the purpose of which was to provide for the purchase by the survivor of the decedent’s interest in the partnership and to provide the funds necessary to carry out the…