BURKE v. CLIFTON, BUDD DeMARIA

Giving a "`fair and reasonable interpretation'" to the partnership agreement (Farrell Lines v City of New York, 30 N.Y.2d 76, 83), the Referee properly found that the remaining partners improperly claimed equitable considerations to deny plaintiff any distribution for the months prior to the departure date.

Concur — Murphy, P.J., Rubin, Asch, Williams and Mazzarelli, JJ.