Rosen v. Rosen

Appeal from that part of an order of the Supreme Court at Special Term, entered July 3, 1979 in Cortland County, which granted plaintiff’s motion for partial summary judgment of partition, severed the partition action, struck and dismissed an affirmative defense of Statute of Limitations, directed an accounting of rents, and denied defendant Maurice Rosen’s cross motion for summary judgment. Plaintiff and his brother, the defendant Philip A. Rosen, were partners in Rosen Bros., a scrap business located in Cortland, New York. They were also the sole shareholders and officers of defendant, Mr.…