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SCHWARTZ v. KOZAK

85 A.D.2d 507 (1981)

Samuel M. Schwartz, Respondent, v. Aaron Kozak, Appellant

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

December 1, 1981

The case is not clear enough to warrant summary judgment. (Cf. Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404.) In particular, there is an issue of fact as to the terms of the oral partnership agreement, and as to which, if any, of defendant's extra-accounting activities were to be deemed part of the partnership business in which plaintiff would participate. There are also issues of fact as to whether plaintiff diverted...

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