LEVY v. BAUMEISTER


247 A.D.2d 246 (1998)

668 N.Y.S.2d 451

Stanley J. Levy et al., Respondents, v. Michel F. Baumeister et al., Appellants

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

February 10, 1998


Defendants' claim to a share of earnings from cases in which the remaining partners were retained after defendants retired is contrary to section 15 of the parties' partnership agreement, which limits a retiring partner's share in the remaining partners' net earnings to "a share of the value of the partnership's uncollected receivables inherent in matters pending at his Retirement Date". The refusal to award prejudgment interest was a proper exercise of discretion (CPLR...

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