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MILLENNIUM PARTNERS, L.P. v. LINDENBAUM

2707, 600357/09

73 A.D.3d 436 (2010)

899 N.Y.S.2d 599

MILLENNIUM PARTNERS, L.P., Respondent, v. ARMAND LINDENBAUM, Appellant.

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

Decided May 4, 2010.

In this action alleging breach of fiduciary duty and seeking forfeiture of defendant's consulting fee and commission, there are issues of fact as to whether the consulting agreement was extinguished by the agreement naming defendant as cobroker (see generally Water St. Dev. Corp. v City of New York, 220 A.D.2d 289, 290 [1995], lv denied 88 N.Y.2d 809 [1996]); the documentary evidence is inconclusive and defendant...

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