Pittoni v. Boland

Full title: M. JOHN PITTONI, Respondent, v. DONALD J. BOLAND et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 1998

249 A.D.2d 458 (N.Y. App. Div. 1998)

671 N.Y.S.2d 679

Opinion

April 20, 1998

Appeal from the Supreme Court, Nassau County (O'Brien, J.)

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiff had a right to an accounting from his former partners ( see, Partnership Law § 74; Arrants v. Dell Angelo, 73 A.D.2d 633). Contrary to the defendants' contention, allegations of the plaintiff's unclean hands will not relieve them of their duty to account to the plaintiff ( see, Dwyer v. Nicholson, 109 A.D.2d 862, 863; Bell v. Herzog, 39 A.D.2d 813).

The defendants' remaining contention is without merit.

Mangano, P.J., Copertino, Thompson and McGinity, JJ., concur.