On January 12, 2022, the Second Department issued a decision in Abruzzi v. Bond Realty, Inc., 2022 NY Slip Op. 00156, holding that on a partner’s death, ownership of partnership property passed to the surviving partners, not the deceased partner’s estate, explaining:
Pursuant to Partnership Law § 51(1), a partner is co-owner with his partners of specific partnership property holding as a tenant in partnership. On the death of a partner his or her right in specific partnership property vests in the surviving partner or partners. The representative of a deceased partner is not entitled to participate in or interfere with the continuation of or winding up of partnership business by the surviving partner.
The Supreme Court properly granted that branch of the Abruzzi defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against them. The Abruzzi defendants established, prima facie, that the disputed property was held by the three brothers, Thomas, Rocco, and Pasquale, as tenants in partnership, and therefore, upon Pasquale’s death in 1969, his interest vested in Rocco and Thomas, the surviving partners of the partnership; and Pasquale’s estate was not entitled to, and never acquired, any interest Pasquale may have had in the disputed property prior to his death.
(Internal quotations and citations omitted).