Nishman v. De Marco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division appealed from and the prior order of that court brought up for review on defendant’s cross appeal should be affirmed, without costs.

Notwithstanding what is claimed to have been the unchallenged assertion of plaintiff’s counsel at the opening of trial that overhead expenses were not to be deducted in the computations as to division of profits between these former law partners, the trial court determined that there should be “an equal division of net profits” on fees received since September 1,1975. Inasmuch as this factual…