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FUSCO v. MALCOLM

50 A.D.2d 685 (1975)

Andrew M. Fusco, Appellant, v. Edward A. Malcolm, Respondent

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

November 20, 1975

Plaintiff and defendant were partners in the operation of a bar and restaurant business, and plaintiff commenced this action for an accounting and for damages suffered by reason of an alleged breach of a fiduciary duty. Service of the summons and complaint was completed on November 25, 1974. On January 22, 1975 a default judgment was entered against the defendant and a hearing scheduled for the ascertainment of damages. On January...

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