NISHMAN v. DE MARCO


62 N.Y.2d 926 (1984)

Robert W. Nishman, Appellant-Respondent, v. Anthony J. De Marco, Jr., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1984.


Attorney(s) appearing for the Case

James A. Shanman for appellant-respondent.

David L. Lewis for respondent-appellant.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division appealed from and the prior order of that court brought up for review on defendant's cross appeal should be affirmed, without costs.

Notwithstanding what is claimed to have been the unchallenged assertion of plaintiff's counsel at the opening of trial that overhead expenses were not to be deducted in the computations as to division of profits between these former law...

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