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D'ORAZIO v. MAINETTI

39 A.D.3d 981 (2007)

833 N.Y.S.2d 727

MARINO D'ORAZIO, Respondent-Appellant, v. ALFRED B. MAINETTI et al., Appellants-Respondents.

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

Decided April 12, 2007.

Rose, J.

Plaintiff commenced this action in April 2002 seeking to recover corporate assets allegedly owed to him following his withdrawal from his former law firm, Mainetti, Mainetti & D'Orazio, P.C. (see 24 A.D.3d 915 [2005]). In March 2006, defendants moved to amend their answer to add an affirmative defense and counterclaim based upon a written partnership agreement that had been signed by plaintiff when he began practicing...

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