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RUSSELL v. ZACCARIA

288 A.D.2d 458 (2001)

733 N.Y.S.2d 490

ANNA R. RUSSELL et al., Respondents, v. PETER ZACCARIA et al., Appellants, et al., Defendants. (Action No. 1.) RUSSELL ZACCARIA, Plaintiff, v. ANNA R. RUSSELL et al., Defendants. (Action No. 2.)

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

Decided November 26, 2001.

Ordered that the appeal by Peter Zaccaria is dismissed as abandoned (see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is modified by deleting the sixteenth decretal paragraph thereof setting aside the deed dated January 30, 1980; as so modified, the judgment is affirmed, without costs or disbursements.

Under New York Partnership Law, unless there is an agreement to the contrary, "[e]ach partner shall be repaid his contributions...

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