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SIMONS v. ROSS

309 A.D.2d 667 (2003)

765 N.Y.S.2d 859

DAVID SIMONS, Appellant, v. LEE ROSS, Respondent.

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

Decided October 28, 2003.

The record amply supports the special referee's findings (Nager v Panadis, 238 A.D.2d 135 [1997]) that plaintiff had repudiated the partnership agreements by failing to contribute financially or otherwise participate in the real estate operations for a period of eight years (see Aronow v Sommer, 276 A.D.2d 336 [2000], lv denied, lv dismissed 96 N.Y.2d 728

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