In re Fitzgerald

Because the primary issue before the Supreme Court was whether the original limited partnership agreement, which contained a broad arbitration clause, had been superseded by a restated agreement which deleted that clause, the court properly found that a determination of that issue should be made by the court, and not an arbitrator (see, Matter of Cassone, 63 NY2d 756, 759; Matter of Fener Realty Co. [NICO Constr.], 182 AD2d 436, 437-438). The appellant’s contention that he was no longer a limited partner of the petitioner limited partnership at the time the restated limited partnership…