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NILES v. LEITMAN

278 A.D. 330 (1951)

Walter H. Niles, Respondent, v. Henri B. Leitman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 5, 1951.

Attorney(s) appearing for the Case

Charles B. McGroddy, Jr., of counsel (Alexander & Keenan, attorneys), for appellant.

William Levin of counsel (Frederick Katz with him on the brief; Marcus & Schenkman, attorneys), for respondent.

PECK, P. J., GLENNON, CALLAHAN and SHIENTAG, JJ., concur; VAN VOORHIS, J., dissents in part in opinion.

Per Curiam.

The court below correctly found the existence of a valid and enforcible partnership between the parties. The court erred, however, in ordering an accounting from the date of inception of the partnership to the date of the decree. The conduct of both parties unequivocally evidenced an intent to terminate the partnership on or about July 11, 1947: plaintiff, by his preparation and signing of the certificates of dissolution

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