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CONGEL v. MALFITANO

No. 30.

31 N.Y.3d 272 (2018)

101 N.E.3d 341

76 N.Y.S.3d 873

2018 NY Slip Op 02119

ROBERT J. CONGEL et al., as Members of the Executive Committee of, and on Behalf of, POUGHKEEPSIE GALLERIA COMPANY, Respondents, v. MARC A. MALFITANO, Appellant.

Court of Appeals of New York.

Decided March 27, 2018.

Attorney(s) appearing for the Case

Harris Beach PLLC, Albany ( Victoria A. Graffeo and Aubrey A. Ohanian of counsel), for appellant.

Gibson, Dunn & Crutcher LLP, New York City ( Caitlin J. Halligan and Lee R. Crain of counsel), and Goodwin Procter LLP, New York City ( Anthony A. Fiotto and Emily Unger of counsel), for respondents.

Stroock & Stroock & Lavan LLP, New York City ( Claude G. Szyfer and Michele L. Pahmer of counsel), for The Real Estate Roundtable and others, amici curiae.

Holland & Knight LLP, New York City ( Martin P. Miner and Stosh M. Silivos of counsel), and Faegre Baker Daniels LLP, Chicago, Illinois ( Barry B. Nekritz , J. William Callison and Melissa Economy of counsel), for American College of Real Estate Lawyers, amicus curiae.

Whiteman Osterman & Hanna LLP, Albany ( John R. Dunne of counsel), for Daniel Kleinberger and others, amici curiae.

OPINION OF THE COURT

A partnership is a voluntary, contractual association in which persons carry on a business for profit as co-owners. In the agreement establishing a partnership, the partners can chart their own course. New York's Partnership Law creates default provisions that fill...

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