SILVER v. WHITNEY PARTNERS LLC

14029, 100020/13

130 A.D.3d 512 (2015)

13 N.Y.S.3d 424

2015 NY Slip Op 06090

JEFFREY SILVER, Appellant, v. WHITNEY PARTNERS LLC, Respondents.

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

Decided July 14, 2015.


In 2002, plaintiff entered into a joint venture agreement with defendant Whitney Group to share fees for executive search and placement services in the financial industry. The agreement was extended and modified several times and, as relevant here, required Whitney Group to pay plaintiff a commission advance of $40,000 on October 1, 2008. Neither party disputes that Whitney Group never paid the $40,000.

Because of financial difficulties, Whitney Group ceased operations...

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