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GERZOG v. GOLDFARB

Index No. 653432/18, Appeal No. 16221, Case No. 2022-00071.

206 A.D.3d 554 (2022)

171 N.Y.S.3d 477

2022 NY Slip Op 04120

Ira Gerzog, Respondent, v. Steven Goldfarb et al., Appellants, et al., Defendants.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Golenbock Eiseman Assor Bell & Peskoe LLP, New York ( Michael M. Munoz of counsel), for Steven Goldfarb, appellant.

Furman Kornfeld & Brennan LLP, New York ( Christopher D. Skoczen of counsel), for Harvey Midgen, appellant.

Schlam Stone & Dolan LLP, New York ( Joshua Wurtzel of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

Plaintiff was an attorney at the law firm of nominal defendant Goldfarb & Gerzog. He claims that he and defendant Goldfarb were partners at the firm and that he was entitled to a one-third share of the firm's profits. Defendant Migden was the firm's accountant.

Issues of fact exist as to plaintiff's partnership status and entitlement to a share of the firm's profits (see generally M.I.F. Sec. Co. v Stamm & Co., 94 A.D.2d 211

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