ALTEBRANDO v. GOZDZIEWSKI


47 A.D.3d 520 (2008)

849 N.Y.S.2d 550

NICHOLAS J. ALTEBRANDO, Appellant, v. CHARLES J. GOZDZIEWSKI et al., Respondents.

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

Decided January 24, 2008.


Plaintiff's expulsion was in accordance with the clear and unambiguous language of the parties' partnership agreement providing for the expulsion of an equity partner without cause by unanimous vote of the remaining equity partners. Accordingly, plaintiff's post-expulsion right to firm assets and profits, or other forms of compensation, is governed by the agreement, and, absent an allegation that defendants failed to provide the audits to which he is entitled under the agreement...

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