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HAND v. KENYON & KENYON

227 A.D.2d 137 (1996)

641 N.Y.S.2d 307

Francis C. Hand, Appellant, v. Kenyon & Kenyon et al., Respondents

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

May 2, 1996

Since the partnership agreement that plaintiff signed expressly sets forth the exclusive method for calculating and distributing the partnership's assets upon dissolution, plaintiff waived any right to a "judicial" accounting (Raymond v Brimberg, 99 A.D.2d 988, 989). The IAS Court properly considered plaintiff's motion as a motion for discovery and properly denied it since plaintiff failed to establish that the written account previously...

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