SIMMONS v. BENN


96 A.D.2d 507 (1983)

William Simmons et al., Appellants, v. Lloyd Benn et al., Respondents

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

July 5, 1983


Order reversed insofar as appealed from, with costs, plaintiffs' motion to disaffirm the referee's report granted, and matter remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The parties stipulated in open court that plaintiff William Simmons was a general partner of defendant Lloyd Benn, doing business as Mr. Pinch Cocktail Lounge, that said plaintiff owned a 50% equity interest in the business and that the plaintiffs...

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