JOSEPH v. MILLER


282 A.D.2d 312 (2001)

723 N.Y.S.2d 364

HAIM JOSEPH, Respondent, v. NACHUME MILLER et al., Appellants.

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

Decided April 17, 2001.


Defendants' sole relevant appellate argument against restoration of plaintiff's contract causes is that such causes, asserted by plaintiff under the parties' partnership agreement against his co-partners, may not be litigated by plaintiff except in the context of an accounting. This argument, however, is not preserved for our review since it was not made in the motion court. Moreover, it is not possible on the present record, which, inter alia, does not include a copy...

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