GROSFLAM v. SENZER


40 A.D.2d 804 (1972)

Coleman W. Grosflam, Respondent, v. Raymond Senzer, Appellant

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

November 28, 1972


We are all in accord as regards the disposition on the complaint. As to the counterclaim, on which there is a dissent, there was testimony, accepted by the trial court, that the weekly salary was payable only in the event the partnership earnings were sufficient to pay the same. As the partnership was never out of debt, the court concluded on sufficient evidence that the so-called salary never became payable.

Kupferman, J., dissents in part in the following...

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