BYRNE v. KEEFE


217 A.D.2d 529 (1995)

629 N.Y.S.2d 764

Daniel J. Byrne, Respondent-Appellant, et al., Plaintiffs, v. Harry V. Keefe, Jr., Appellant-Respondent, et al., Defendants Dale F. Jacobs, Respondent-Appellant, v. Harry V. Keefe, Jr., Appellant-Respondent, et al., Defendants

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

July 27, 1995


The jury's finding that defendant Harry Keefe, Jr. breached his fiduciary duty to plaintiffs, his former partners, which necessarily was based on a finding that the partnership did not terminate until April 30, 1991, was not against the weight of the evidence and will not be disturbed by this Court.

However, there must be a new trial solely on the issue of damages, as the jury's computation of damages by apparent reference to each plaintiff's percentage of the full...

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