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ELIAS v. SEROTA

103 A.D.2d 410 (1984)

Ike Elias, Respondent, v. Nathan L. Serota, Appellant, et al., Defendants

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

October 1, 1984

Attorney(s) appearing for the Case

Shea & Gould (Herbert B. Evans, Arthur D. Felsenfeld and Willis H. Stephens, Jr., of counsel), for appellant.

Maffucci, Kruman & Zito (Frank W. Zito and Henry E. Kruman of counsel), for respondent.

MANGANO, NIEHOFF and BOYERS, JJ., concur.

LAZER, J. P.

The principal issue in this action for judicial dissolution of two partnerships is the enforceability of an auction sale of partnership properties conducted pursuant to the dissolution provisions of the partnership agreements. The partner who opposes judicial dissolution and seeks dissolution pursuant to the partnership agreements has counterclaimed for specific performance of the auction results but Special Term has dismissed the counterclaims...

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