Marks v. Macchiarola

—Order of the Supreme Court, New York County (Peter Tom, J.), entered on or about March 3, 1993 which, insofar as appealed from, granted plaintiffs’ motion for summary judgment on the first cause of action with regard to liability stemming from defendant’s non-payment of rent under a lease entered into by all of the parties, unanimously reversed, on the law, and the motion denied, without costs.

This dispute results from a proposed partnership among three accountants that, despite the express intentions of its prospective members, never came into being. It involves the asserted liability of…