Opinion
1993
October 28, 2003.
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered April 10, 2002, which, inter alia, granted defendant's motion pursuant to CPLR 4403 for an order confirming a special referee's report which, after a hearing, found that plaintiff had repudiated his partnership agreements with defendant and that plaintiff therefore was not entitled to an accounting, unanimously affirmed, with costs.
Pro Se, for plaintiff-appellant.
Adam Etman, for defendant-respondent.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ.
The record amply supports the special referee's findings (Nager v. Panadis, 238 A.D.2d 135) that plaintiff had repudiated the partnership agreements by failing to contribute financially or otherwise participate in the real estate operations for a period of eight years (see Aronow v. Sommer, 276 A.D.2d 336, lv denied, lv dismissed 96 N.Y.2d 728, lv dismissed 96 N.Y.2d 730). We note that plaintiff was awarded reimbursement for his initial investment in the subject condominium units (Partnership Law § 71). In the absence of an existing partnership or other fiduciary relationship, plaintiff was not entitled to an equitable accounting (see Koppel v. Wien, Lane Malkin, 125 A.D.2d 230, 234).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.