Teeter v. Lorenzo

—Lahtinen, J.

Appeal from that part of an order of the Supreme Court (Monserrate, *529J.), entered September 21, 1999 in Broome County, which denied plaintiffs’ motion for summary judgment dismissing defendant’s counterclaim.

The two plaintiffs and defendant entered into a written partnership agreement on October 17, 1979 for the specific purpose of purchasing real property in the Village of Endicott, Broome County, upon which the partners proposed to construct and then operate, maintain and own a 53-unit apartment complex.

In February 1995, pursuant to article 19 of the partnership agreement, each…