MATTER OF BERMAN


50 A.D.2d 780 (1975)

In the Matter of Emile Z. Berman and Another, a Partnership. Marvin Ausubel et al., Appellants; Emile Z. Berman et al., Respondents

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

December 18, 1975


Respondent Emile Z. Berman shall recover of appellants $40 costs and disbursements of this appeal. The contract, dated November 29, 1972, on its face was executed on behalf of the partnership. Although some of the then partners now contest its validity, payments were made to petitioner in accordance with the terms of the contract, without objection, for a period in excess of two years. Continuation of such payments was properly directed by Special Term in its discretion....

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