Poole v. West 111th Street Rehab Associates

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered April 24, 2013, which, to the extent appealed from, denied plaintiffs motion for partial summary judgment on his first, second, third, seventh, eighth, and ninth causes of action, unanimously modified, on the law, to dismiss the seventh cause of action, and otherwise affirmed, without costs.

The partnership agreement provides that the partnership will dissolve “upon the death of one of the General Partners.” However, by continuing the business of the partnership after one general partner died in 1997, and after another died…