Roedel v. Roedel

This is a motion to cancel a notice of pendency of action.

The plaintiff and defendant, wife and husband respectively, were partners in the conduct of a dance studio in the city of Albany. The plaintiff seeks an accounting. The premises 33 Elk Street, Albany, were formerly used by the partners as their studio. The title is in the sole name of the defendant. The plaintiff has filed a lis pendens against 33 Elk Street.

Section 52 of the Partnership Law states: “A partner’s interest in the partnership is his share of the profits and surplus and the same is personal property.”

In Rosen v. Rosen (126…