Opinion
November 18, 1997
Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).
Defendants fail to demonstrate that the actions taken by the new management team of defendant partnership between 1982 and 1985 and thereafter were done in accordance with the terms of the Partnership Agreement or that such provisions were waived, and the evidence offered by plaintiff is sufficient to raise issues of fact as to the other aspects of the case raised on defendants' appeal (see, Communications Entertainment Corp. v. Hibbard Brown Co., 202 A.D.2d 191). We have considered the parties' other contentions for affirmative relief and find them to be without merit.
Concur — Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.