CONGEL v. MALFITANO


61 A.D.3d 810 (2009)

877 N.Y.S.2d 441

ROBERT J. CONGEL et al., Respondents, v. MARC A. MALFITANO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 21, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings on the issue of damages on the second cause of action and the entry thereafter of a judgment, inter alia, declaring that the defendant wrongfully dissolved the Poughkeepsie Galleria Company Partnership.

The Supreme Court properly granted the plaintiffs' motion for summary judgment on the first cause of action...

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