Posner v. Messinger

—In an action for an accounting and to recover moneys allegedly due under a partnership agreement, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered June 6, 1991, as, inter alia, determined that he was entitled only to a quantum meruit share of certain partnership assets, and *509denied his cross motion to compel the defendant to deposit $16,250 in court, or appoint a temporary receiver.

Ordered that the order is modified, on the law, by deleting the provision thereof which found that the plaintiff was only entitled to a quantum meruit…