CANE v. BAER MARKS & UPHAM


244 A.D.2d 230 (1997)

664 N.Y.S.2d 915

Myles A. Cane, Respondent-Appellant, v. Baer Marks & Upham et al., Appellants-Respondents

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

November 18, 1997


Defendants fail to demonstrate that the actions taken by the new management team of defendant partnership between 1982 and 1985 and thereafter were done in accordance with the terms of the Partnership Agreement or that such provisions were waived, and the evidence offered by plaintiff is sufficient to raise issues of fact as to the other aspects of the case raised on defendants' appeal (see, Communications & Entertainment Corp. v Hibbard Brown & Co....

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