BRISCOE v. WHITE


8 Misc.3d 1 (2004)

JEANETTE BRISCOE, Appellant, v. PATRICIA WHITE, Respondent.

Supreme Court, Appellate Term, Second Department.

March 17, 2004.


Attorney(s) appearing for the Case

Percy W. Briscoe, Wappingers Falls, for appellant.

McCABE, P.J., RUDOLPH AND ANGIOLILLO, JJ., concur.


OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and determination on the merits vacated.

In this action for partition and an accounting, plaintiff claimed $14,000 in "damages" resulting from defendant's alleged mismanagement of partnership property and funds. After the subject real property was sold, the Supreme Court, Dutchess County, apparently under the impression that the equitable matters involved had been resolved...

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