Niagara Mohawk Power Corp. v. Silbergeld

This is a motion for summary judgment pursuant to CPLR 3212 brought by the defendants, Abraham R. Kushner and Molly Silbergeld, as executors of the estate of Rose Silbergeld, deceased, on the ground that, with *286respect to the estate, the plaintiff’s cause of action is without merit. The facts are as follows:

On December 13, 1963 a contract between Niagara Mohawk Power Corporation and a partnership known as H. Silbergeld and composed of Arthur Silbergeld and his mother, Bose Silbergeld, now deceased, was executed. The contract provided that the partnership would demolish and salvage an obsolete…