29 A.D.2d 653 | N.Y. App. Div. | 1968
On remittitur from the Court of Appeals (19 H T 2d 899), judgment of the Supreme Court, Westchester County, entered September 22,1965 upon an agreed statement of facts, affirmed, with costs. The action is for specific performance of a partnership agreement. In July, 1961 plaintiff and defendant’s testator filed a certificate of doing business under the name of Homefield Realty. On December 2, 1961 they entered into a written agreement which provided “ that in the event of the death of Saul Rosenberg, Leda Gabay, the surviving partner shall have the sole right to purchase the full interest in the partnership of Saul Rosenberg for the sum 0f * * * $100.00 6 * * in full payment of all right, title and interest that Saul Rosenberg may have or has in Homefield Realty. ” On March 3, 1962 they executed an almost identical instrument to the same effect and on the same day the partnership acquired two parcels of improved land. Saul Rosenberg died in April, 1963 and in August, 1963 plaintiff tendered $100 to defendant, as executrix of her husband’s estate, requesting a release of any claims to the partnership assets and quit-claim deeds to the two parcels belonging to the partnership. Defendant rejected the tender.