Justice Judith Gische
Under a 1968 deed Carr and others bought a Manhattan building as tenants in common. After conveyances, the building’s nine owners entered a 1969 “at will” partnership, limiting sale of a partner’s interest to “book value” and providing for interest reversion upon a partner’s death. Years of litigation arose over deeds, and bequests, conveying interests. In 2002 a court found the building’s original owners formed a partnership, which was not dissolved in 1975, and that the building was not converted into a condominium. As a result of partner Kampel’s conveyance, Alpizar succeeded to Kampel’s rights under the 1969 agreement and 1968 deed. In 2010 another court determined the various parties’ interests in the building as partners and tenants in common. It found Alpizar held a 1/6 interest. Affirming the bulk of the court’s decision, including Alpizar’s 1/6 interest as a partner and tenant in common, First Department declared the Estate of Mangerino a 1/6 owner. Whatever interest Mangerino held at death passed to his estate. No tender was made by the partnership or any individual partner to buy Mangerino’s interest, and no documents transferring those interests back to the partnership were ever signed by the estate representative.
