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SIMELS, P.C. v. SILVER

303 A.D.2d 322 (2003)

755 N.Y.S.2d 847

ROBERT M. SIMELS, P.C., Respondent, v. JOHN SILVER et al., Appellants.

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

Decided March 27, 2003.

Since defendant never raised discharge for cause as a defense or a counterclaim, the trial court was not required to determine whether plaintiff was, in fact, discharged for cause (see Smith v Boscov's Dept. Store, 192 A.D.2d 949, 951 n [1993]). In any event, upon our review of the trial evidence, we conclude that plaintiff was not discharged for cause and that the trial court properly determined that defendant had not cooperated...

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