Nicholson v. Nicholson

Mercure, J. P.

Appeal from that part of a judgment of the Supreme Court (Fromer, J.H.O.), entered September 18, 2000 in Ulster County, upon a dismissal at trial of defendant’s counterclaim for an accounting.

The parties are brothers. In 1987, they acquired property in the Town of Saugerties, Ulster County, as tenants in common and executed a purchase money mortgage securing their note for $200,000. The complaint alleges, and defendant admits, that the note and mortgage constituted a contract between the parties and their agreement to pay all obligations thereunder in equal shares. Plaintiff…