KRULWICH v. POSNER


272 A.D.2d 160 (2000)

709 N.Y.S.2d 393

TERRY A. KRULWICH, as Trustee of S. Paul Posner 1976 Irrevocable Family Trust, Respondent, v. ROBERT A. POSNER, Appellant.

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

Decided May 11, 2000.


Despite its inclusion of a demand for damages, the instant complaint seeks relief primarily equitable in nature, its principal objectives being the removal of defendant as managing partner of the parties' partnership and the dissolution of such partnership. The parties' respective demands for damages being little more than incidental to the predominant, equitable purposes of the litigation, the IAS Court properly granted plaintiff's motion (see, Mulder v Donaldson, Lufkin...

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