Brodsky v. Bannon

Capozzoli, J. (dissenting).

Plaintiff’s testator and the two defendants formed a partnership on November 27, 1964, which operated under the name of Oakdale Mobile Home Village.

On December 31, 1969 plaintiff ’s testator passed away and on February 13, 1970 plaintiff was appointed executrix of the estate.

On March 10, 1970 defendants, through their attorneys and in accordance with the terms of the partnership agreement, notified plaintiff that they elected to exercise their right under the agreement to acquire the interest of the testator for the sum of $32,847. Accordingly, they offered to pay…