Opinion
July 31, 1995
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendants Shifrel and 248-06 R.B. Corp. and dismissing the complaint, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.
We disagree with the Supreme Court's conclusion that the partnership agreement precludes the plaintiff from sharing in the fees received by Michael J. Shifrel. We therefore conclude that issues of fact exist as to whether Shifrel breached his fiduciary duty to the plaintiff (see, CPLR 3212 [b]; St. James Plaza v Notey, 95 A.D.2d 804). Balletta, J.P., Copertino, Altman and Goldstein, JJ., concur.