Gardiner International Inc. v. J.W. Townsend & Associates., Inc.

Order, Supreme Court, New York County (Louis B. York, J.), entered March 1, 2004, which denied plaintiffs’ motion for summary judgment and granted defendants’ cross motion for summary judgment, unanimously modified, on the law, defendants’ motion for summary judgment denied, the complaint reinstated, and otherwise affirmed, without costs.

This appeal involves the question of whether the parties’ partnership agreement was breached when plaintiffs allegedly withdrew from the partnership prior to the agreed termination date.

In 1997, the parties executed a written agreement forming an executive…