ROSEN v. EFROS (1999)

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

Howard M. ROSEN, Plaintiff-Respondent, v. Edwin EFROS, et al., Defendants-Appellants.

Decided: February 11, 1999

ROSENBERGER, J.P., LERNER, RUBIN and MAZZARELLI, JJ.

David B. Horowitz, for Plaintiff-Respondent. Jerrold Morgulas, for Defendants-Appellants.

Order, Supreme Court, New York County (Charles Ramos, J.), entered on or about February 25, 1998, which, in an action for a partnership accounting, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Issues of fact exist as to whether plaintiff was made a partner of the subject firm, raised by, inter alia, tax schedules listing plaintiff as a partner, the affidavit of the firm's former bookkeeper that she had been told by one of the defendants that plaintiff had been made a partner and would be receiving a draw instead of salary, plaintiff's affidavit attesting to the various ways he participated in the management of the firm, including the hiring and firing of firm employees and dealing with brokers in connection with the firm's relocation, and the absence of a written partnership agreement (compare, Mazur v. Greenberg, Cantor & Reiss, 110 A.D.2d 605, 488 N.Y.S.2d 397, affd. 66 N.Y.2d 927, 498 N.Y.S.2d 795, 489 N.E.2d 764).

MEMORANDUM DECISION.

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