Audino v. Lincoln First Bank of Rochester

Judgment unanimously modified and, as modified, affirmed, with costs to Lincoln First Bank of Rochester as executor, and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The decedent, James H. Hamill, was one of six partners in the operation of a nursing home in Rochester. Lincoln First Bank of Rochester (Lincoln First) appeals from a judgment compelling it, as Hamill’s executor, to transfer decedent’s interest in the partnership to the surviving partners (upon payment to the estate of $30,000 plus interest) pursuant to the…