Ordered that the order is affirmed, with costs.
We agree with the Supreme Court's conclusion that the defendant Murray Weiss adduced persuasive documentary evidence (CPLR 3211 [a] [1]) establishing that he was neither a general partner nor limited partner in the defendant limited partnership, subject to potential liability pursuant to Partnership Law § 96. Accordingly, he demonstrated his freedom from personal liability (see, Hoffman v Eisenberg
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