Legal Opinion
Cole v. Macklowe
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 2012PublishedCited by 16 opinions
1Opinion of the Court
Like parties to any contract, partners may fix their partnership rights and duties by agreement (Bailey v Fish & Neave, 8 NY3d 523, 528 [2007]). Accordingly, when the agreement between partners is clear, complete and unambiguous, it should be enforced according to its terms (id. at 528).
Here, section 11.1 of the limited partnership agreement between the plaintiff and defendant MAK West 55th Street Associates (MAK West) states that upon termination of plaintiff’s employment “he shall sell to [defendant Harry Macklowe] . . . and [Macklowe] . . . shall purchase . . . [plaintiffs] interest in the…
2Cases cited3 opinions
- Bailey v. Fish & NeaveNew York Court of Appeals · 2007
- Lipper Holdings v. Trident HoldingsAppellate Division of the Supreme Court of the State of New York · 2003
- Goodstein Construction Corp. v. City of New YorkNew York Court of Appeals · 1992
3Cited by16 opinions
- Wells Fargo Bank, N.A. v. Wrights Mill Holdings, LLCDistrict Court, S.D. New York · 2015
- Macy's Inc. v. Martha Stewart Living Omnimedia, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Cara Associates, L.L.C. v. MilsteinAppellate Division of the Supreme Court of the State of New York · 2016
- Cohen v. CASSM Realty Corp.New York Supreme Court · 2016
- Catlin Specialty Ins. Co. v. J.J. White, Inc.District Court, E.D. Pennsylvania · 2018
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