Since the partnership agreement that plaintiff signed expressly sets forth the exclusive method for calculating and distributing the partnership's assets upon dissolution, plaintiff waived any right to a "judicial" accounting ( Raymond v. Brimberg, 99 A.D.2d 988, 989). The IAS Court properly considered plaintiff's motion as a motion for discovery and properly denied it since plaintiff failed to establish that the written account previously provided by defendant pursuant to a preliminary conference order was prepared contrary to the methodology set forth in the partnership agreement or contrary to the practices followed by the firm for over twenty years, in which plaintiff had acquiesced while a member of the firm.
Concur — Sullivan, J.P., Ellerin, Rubin, Ross and Nardelli, JJ.