Opinion
July 22, 1985
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Interlocutory judgment affirmed insofar as appealed from, with costs.
The affidavits submitted in opposition to plaintiff's motion for partial summary judgment failed to raise any triable issue of fact as to plaintiff's entitlement to a dissolution of the partnership and an accounting with respect thereto ( see, Scher v Apt, 48 A.D.2d 865). Evidence of the unrecorded deed conveying the business property from defendant corporation to the partnership in the regular course of business, as well as the partnership income tax returns for the years 1981 and 1982, belie the individual defendants' assertion that the parties' business was being conducted in a corporate form. Mollen, P.J., Mangano, O'Connor and Weinstein, JJ., concur.