SAGE SYS., INC. v. LISS

Index No. 650745/10. Appeal No. 13670-13670A. Case Nos. 2020-02671, 2020-03659.

193 A.D.3d 624 (2021)

143 N.Y.S.3d 185

2021 NY Slip Op 02504

Sage Systems, Inc., Respondent, v. Michael Liss, as Executor of the Estate of Robert Liss, Deceased, Appellant.

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

Decided April 27, 2021.


Attorney(s) appearing for the Case

Raimondi Law, P.C., Massapequa ( Christopher A. Raimondi of counsel), for appellant.

Law offices of Fred L. Seeman, New York ( Fred L. Seeman of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.


Plaintiff seeks reimbursement, pursuant to section 13.02(b) of its partnership agreement with the decedent, for its attorneys' fees incurred in an action brought by the decedent to dissolve the partnership. In that action, the court dismissed the complaint upon its finding that neither the proprietary lease nor any document cited by the decedent demonstrated that, as the decedent claimed, plaintiff had violated the proprietary lease. The court also found that the decedent...

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