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PETERSON v. NEVILLE

58 A.D.3d 489 (2009)

870 N.Y.S.2d 348

JOHN M. PETERSON et al., Appellants, et al., Plaintiffs, v. MARTIN J. NEVILLE et al., Respondents.

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

January 15, 2009.

The causes of action seeking an accounting of the partnerships on the basis that defendants (former partners) withdrew excess profits, were properly dismissed as the tax returns of the respective partnerships state that defendants had positive capital account balances. Plaintiffs are bound by the representations that were made in the partnerships' tax returns (see Acme Am. Repairs, Inc. v Uretsky, 39 A.D.3d 675, 677 [2007], lv...

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