Opinion
January 22, 1998
Appeal from the Supreme Court, New York County (Norman Ryp, J.).
The additional accounting claims that plaintiff seeks to plead were properly rejected as dependent upon his previously raised and rejected argument that the partnership agreement does not govern all of the matters for which he is entitled to an accounting ( Hand v. Kenyon Kenyon, 227 A.D.2d 137). Plaintiff's claim that defendants wrongfully understated his interest in the partnership was properly rejected in the absence of evidentiary proof that defendant firm deviated from its longstanding practices in distributing profits, or otherwise breached its fiduciary duties to plaintiff in this regard. We have considered plaintiff's remaining arguments and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.