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BAILEY v. FISH & NEAVE

8 N.Y.3d 523 (2007)

868 N.E.2d 956

837 N.Y.S.2d 600

W. EDWARD BAILEY et al., Appellants, v. FISH & NEAVE et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 2007.

Attorney(s) appearing for the Case

Jeffrey A. Jannuzzo, New York City, for appellants.

Simpson Thacher & Bartlett LLP, New York City (Roy L. Reardon of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur; Judge SMITH taking no part.

OPINION OF THE COURT

JONES, J.

At issue is the propriety of an amendment to a partnership agreement affecting compensation to withdrawing partners and passed by a majority of the shares in interest of the partnership. Because the agreement, by its terms, unambiguously permits amendments thereto by majority vote, we conclude that the agreement was properly amended, and affirm the Appellate Division order so holding.

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