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SCHER v. APT

48 A.D.2d 865 (1975)

Jules Scher, Appellant, v. Warner F. Apt et al., Respondents

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

June 9, 1975

Order reversed insofar as appealed from, on the law, with $20 costs and disbursements, and said branch of plaintiff's motion granted.

The affidavits submitted in opposition to the motion for partial summary judgment fail to raise any triable issue as to plaintiff's entitlement to at least $20,096 upon the termination of his partnership interest, the amount indicated by the partnership on its 1973 Federal income tax return...

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