SIMONS v. ROSS

The record amply supports the special referee's findings (Nager v. Panadis, 238 A.D.2d 135) that plaintiff had repudiated the partnership agreements by failing to contribute financially or otherwise participate in the real estate operations for a period of eight years (see Aronow v. Sommer, 276 A.D.2d 336, lv denied, lv dismissed 96 N.Y.2d 728, lv dismissed 96 N.Y.2d 730). We note that plaintiff was awarded reimbursement for his initial investment in the subject condominium units (Partnership Law § 71). In the absence of an existing partnership or other fiduciary relationship, plaintiff was not entitled to an equitable accounting (see Koppel v. Wien, Lane Malkin, 125 A.D.2d 230, 234).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.