SEXTER v. SEXTER


19 A.D.3d 298 (2005)

798 N.Y.S.2d 409

ALLAN S. SEXTER et al., Appellants-Respondents, v. KIMMELMAN, SEXTER, WARMFLASH & LEITNER et al., Respondents-Appellants.

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

June 23, 2005.


The parties' partnership agreement provides that upon its termination, "the proceeds of [the firm's] then accounts receivable and accrued work in progress shall be distributed in accordance with the terms and percentages ... as shall, from time to time, be agreed upon by the Partners hereto." The IAS court held that since there was no agreement reached on the allocation of profits for 1992, the year of the firm's dissolution, and...

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