Spaulding v. Benenati

Appeal from an order of the Supreme Court at Special Term (Pennock, J.), entered June 4, 1981 in Sullivan County, which, inter alia, granted plaintiff’s motion to dismiss the third defense in defendant’s answer based on nonsaleable good will, and denied defendant’s cross motion for partial summary judgment on that ground. Plaintiff’s husband died leaving his entire estate, including his dental practice, to plaintiff. On July 14, 1972, the parties contracted for the installment sale of the practice for the gross amount of $11,000, with the sum of $4,000 apportioned to the purchase of the…