TRINGAS v. SHAPIRO


34 A.D.3d 266 (2006)

824 N.Y.S.2d 47

JAMES TRINGAS, Respondent, v. STEPHEN SHAPIRO et al., Appellants, et al., Defendant.

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

Decided November 9, 2006.


Defendants fail to conclusively establish their defense that in 1992, plaintiff repudiated the partnership he now seeks to dissolve or relinquished his interest therein. Plaintiff denies receiving any calls for capital contributions and plausibly argues that no such contributions were needed because the partnership had been refinancing the mortgage on its property in increasingly larger amounts. Plaintiff also plausibly explains that the reason he did not stay in contact...

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