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MORGAN CORP. v. HARD ROCK

116 A.D.2d 266 (1986)

Ellenberg Morgan Corporation, Appellant, v. Hard Rock Cafe Associates, Respondent

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

April 22, 1986

Attorney(s) appearing for the Case

Stacy L. Wallach of counsel (Ronald L. Mayers with him on the brief; Tenzer, Greenblatt, Fallon & Kaplan, attorneys), for appellant.

John P. Casaly of counsel (Andral N. Bratton with him on the brief; Jones, Hirsch, Connors & Bull, attorneys), for respondent.

SANDLER, J. P., CARRO, ASCH and ROSENBERGER, JJ., concur.

KASSAL, J.

The action was commenced in January 1985, for a judgment declaring that plaintiff was a 10% limited partner of defendant Hard Rock Cafe Associates, which owns and operates a Manhattan restaurant, known as the Hard Rock Cafe.

Plaintiff had been retained to act as construction manager in the alteration of the restaurant, for which it was to receive a fee of $100,000, payable when the restaurant...

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