Nash v. Partners

—Order, Supreme Court, New York County (Edward Lehner, J.), entered December 3, 1998, which, in an action to recover monies allegedly withheld in contravention of a partnership agreement, denied plaintiffs’ motion for summary judgment and defendants’ cross motion for summary judgment on their fifth, sixth and eighth defenses, unanimously affirmed, without costs.

The motion court correctly held that ambiguities in the subject partnership agreement and its amendment rendered its interpretation as a matter of law impracticable at this juncture in the litigation (cf., Payne v Palisades Interstate…