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STEINBERG v. GOODMAN

27 N.Y.2d 304 (1970)

Max Steinberg et al., Individually and as Limited Partners of Madison Discount Co., Suing on Behalf of Themselves and All Other Limited Partners Similarly Situated and for the Benefit of Said Partners, Respondents, v. Leo Goodman et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 10, 1970.

Attorney(s) appearing for the Case

Sidney Kramer and Theodore L. Marks for appellants.

Max Steinberg, respondent in person and for Agnes Shepard and another, respondents.

Judges SCILEPPI, BERGAN and GIBSON concur with Judge BURKE; Judge BREITEL dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge JASEN concur.

BURKE, J.

In this action by three of the limited partners of a partnership to recover a fee charged by the general partners for the sale of partnership property and which resulted in partial summary judgment's being granted to the limited partners, we are in agreement with the dissent in the Appellate Division which stated that summary judgment was inappropriate in that triable issues of fact are raised as to...

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