SCALI v. MANCINI


255 A.D.2d 435 (1998)

680 N.Y.S.2d 864

Joseph G. Scali et al., Respondents, v. Rocco Mancini et al., Appellants

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

November 16, 1998


Ordered that the judgment is modified, on the law, by adding thereto a provision declaring that the parties entered into a limited partnership agreement, dated April 12, 1990, which is enforceable by the plaintiffs; as so modified, the judgment is affirmed, with costs to the respondents.

Under the circumstances of this case, the court did not improvidently exercise its discretion in denying the defendants' request to be relieved of their failure to file a timely demand...

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