Coccellato v. Coccellato

Appeal from an order of the Supreme Court (Connor, J.), entered April 30, 1990 in Greene County, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiffs father (hereinafter decedent) and defendant were partners, with a motel in Greene County as a primary asset. There is a dispute over whether the partnership was still in existence when decedent died in 1983 in California. An ancillary administrator was appointed and sought permission from Surrogate’s Court to sell decedent’s alleged interest in the real property to defendant. Plaintiff, who is a…