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NWM CAPITAL, LLC v. SCHARFMAN

652191/15, 2093, 2092.

144 A.D.3d 414 (2016)

2016 NY Slip Op 07127

41 N.Y.S.3d 471

NWM CAPITAL, LLC, Appellant-Respondent, v. MARK SCHARFMAN et al., Respondents-Appellants, et al., Defendants.

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

Decided November 1, 2016.

Plaintiff failed to state a cause of action for an accounting, given the lack of any allegations that a demand for an accounting was refused (see Kaufman v Cohen, 307 A.D.2d 113, 124 [1st Dept 2003]).

A contract action cannot be maintained against the nonsignatory defendants, since they are not signatories to the partnership agreements at issue (see Brainstorms Internet Mktg. v USA Networks, 6 A.D...

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