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SHINE & COMPANY LLP v. NATOLI

5891, 600551/10

89 A.D.3d 523 (2011)

932 N.Y.S.2d 479

2011 NY Slip Op 8192

SHINE & COMPANY LLP, Respondent, v. ANGELO F. NATOLI, Appellant.

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

Decided November 15, 2011.

Defendant failed to raise an issue of fact as to whether he is an equity partner in plaintiff (see M.I.F. Sec. Co. v Stamm & Co., 94 A.D.2d 211, 214 [1983], affd in part 60 N.Y.2d 936 [1983]). The motion court properly found that the letter of intent (LOI) controlling the terms of the parties' relationship was unambiguous. Thus, the court properly declined to consider extrinsic evidence...

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