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CONGEL v. MALFITANO

2013-07052, 2013-10120, Index No. 220/07.

141 A.D.3d 64 (2016)

32 N.Y.S.3d 264

2016 NY Slip Op 03845

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

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

Decided May 18, 2016.

Attorney(s) appearing for the Case

Bousquet Holstein PLLC, Syracuse (James L. Sonneborn and Michael D. Gadarian of counsel), for appellant-respondent.

Goodwin Procter LLP, New York City (Anthony S. Fiotto of counsel; Kristen A. Kearney on the brief), and Corbally, Gartland and Rappleyea, LLP, Poughkeepsie (Vincent L. DeBiase of counsel), for respondents-appellants (one brief filed).

DILLON, J.P., HALL and LASALLE, JJ., concur.

OPINION OF THE COURT

Introduction

Partnership Law § 69(2)(c)(II) entitles a partner who has wrongfully caused the dissolution of a partnership to be paid the "value" of his or her interest in the partnership less any damages caused to his or her copartners...

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