Justice Richard Braun
In this partition action, the amended complaint added a claim for a declaratory judgment. Decedent Sidney Steinmetz’s widow, Miriam, moved for summary judgment dismissing the complaint of administratrix Herskovitz, Sidney’s child from a prior marriage. Sidney’s will bequeathed the residual of his estate to his three daughters, and Miriam became the sole owner of the shares of the Central Park South and West apartments in which the proprietary lease described the couple as "JTWROS," which Herskovitz conceded indicated Joint Tenants With the Right of Survivorship. Miriam refused Herskovitz or her sisters access to or any information about the apartment. The court noted the stock certificates were ambiguous, thus resort to extrinsic evidence was permissible. It noted the proprietary lease indicated Sidney and Miriam held the apartment as joint tenants, and as shares of stock and the leasehold were inseparable, the shares were owned by Miriam and Sidney as joint tenants with right of survivorship. As Herskovitz failed to present evidence to the contrary of such intention or show any material questions requiring a trial, Miriam was granted summary judgment dismissing the complaint against her.
