Opinion
November 10, 1987
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Dillon, P.J., Callahan, Green, Pine and Balio, JJ.
Judgment unanimously affirmed with costs. Memorandum: The record supports the court's finding that during operation of the partnership, defendant engaged in conduct tantamount to fraudulent concealment and breach of fiduciary responsibilities. Such conduct would have warranted a dissolution (see, Partnership Law § 63 [c], [d]). The equitable remedy of rescission may be exercised where a party has committed fraudulent acts or a breach of the agreement during performance (see generally, 22 N.Y. Jur 2d, Contracts, §§ 415, 435) and, in this instance, the court properly awarded rescission and a return of plaintiff's capital investment pursuant to section 70 Partnership of the Partnership Law.