Cases

Partnership Agreement Enforced; Ownership of Buildings Upheld

The partner’s estate challenged our client’s claim to sole ownership of five Greenwich Village apartment buildings pursuant to the partnership agreement.

In Supreme Court, Schillinger & Finsterwald defeated false claims that the deceased partner was mentally incompetent when he signed the parties’ partnership agreement.  Finding that the agreement between the partners was valid and enforceable, the Court granted our motion for dismissal of the estate’s claims of fraud, undue influence, and breach of contract.  The Supreme Court granted summary judgment in our client’s favor declaring that our client is the sole owner of the five apartment buildings.

Thereafter, we successfully defeated an appeal by the Estate and we obtained an appellate decision upholding the order for summary judgment declaring our client’s sole ownership of the apartment buildings.