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DeMeo v. Grimaldi

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 385 (N.Y. App. Div. 2004)

Opinion

2003-04173.

Decided April 5, 2004.

In an action, in effect, to dissolve the parties' partnership, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Baisley, J.), entered March 28, 2003, as, upon an order of the same court dated December 19, 2002, failed to award him damages in connection with the dissolution of the partnership as an offset against the amount owed to the plaintiff.

Michael B. Schulman Associates, P.C., Melville, N.Y. (Nicole J. Licata of counsel), for appellant.

Laurence S. Jurman, Melville, N.Y., for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the defendant failed to show that the plaintiff breached the parties' partnership agreement ( see generally Hotel Prince George Affiliates v. Maroulis, 62 N.Y.2d 1005; Napoli v. Domnitch, 18 A.D.2d 707, affd 14 N.Y.2d 508). Accordingly, the defendant was not entitled to an award of damages. In light of this determination, we need not reach the defendant's remaining contention.

ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.


Summaries of

DeMeo v. Grimaldi

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 2004
6 A.D.3d 385 (N.Y. App. Div. 2004)
Case details for

DeMeo v. Grimaldi

Case Details

Full title:JOSEPH DeMEO, respondent, v. MICHAEL GRIMALDI, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 5, 2004

Citations

6 A.D.3d 385 (N.Y. App. Div. 2004)
773 N.Y.S.2d 896