St. James Plaza v. Notey

In an action, inter alia, for a declaratory judgment to recover damages for fraud and for an accounting, the defendants appeal from a judgment of the Supreme Court, Suffolk County (Orgera, J.), dated February 27,1984, which granted the plaintiff’s motion for partial summary judgment on its fourth cause of action declaring the defendants’ partnership interests in the plaintiff to be terminated and dismissed the defendants’ first and second counterclaims.

Judgment modified, on the facts and as a matter of discretion, by adding, as per a stipulation entered into by the parties on this appeal,…