RUTKOWSKI v. HILL, BETTS & NASH


206 A.D.2d 258 (1994)

613 N.Y.S.2d 874

Lawrence Rutkowski, Respondent-Appellant, v. Hill, Betts & Nash, Appellant-Respondent

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

July 7, 1994


The Partnership Agreement unambiguously gives a withdrawing partner his proportionate share of the firm's net income, multiplied by the percentage of the fiscal year completed as of withdrawal from the partnership — here 1/12. In the context of the entire Agreement, this means 1/12 of the full fiscal year's net income. To construe the Agreement otherwise would render meaningless the clause requiring an estimated amount in cases of uncertainty, with an adjustment to...

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