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NON-LINEAR TRADING v. BRADDIS

243 A.D.2d 107 (1998)

675 N.Y.S.2d 5

Non-Linear Trading Company, Inc., Appellant, v. Braddis Associates, Inc., Respondent

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

June 2, 1998

Attorney(s) appearing for the Case

Cori Sherman of counsel, New York City (Rodney A. Brown on the brief; Brown & Fox, P. C., attorneys), for appellant.

Anthony M. Grandinette of counsel, Mineola (Grandinette & Serio, P. C., attorneys), for respondent.

SULLIVAN, J. P., ELLERIN, NARDELLI and MAZZARELLI, JJ., concur.

RUBIN, J.

In this action, plaintiff Non-Linear Trading Company seeks to recover its initial capital contribution in a partnership that was unsuccessful in achieving the main purpose for which it was formed. Supreme Court dismissed the complaint, finding the agreement sued upon to be indefinite. While this Court concludes that the contract is enforceable, the terms of the agreement afford plaintiff no right to...

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