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FALK v. 569 BROADWAY ASSOCIATES

Appellate Division of the Supreme Court of New York, First Department.
Jan 27, 1994

We need not determine whether plaintiff effectively exercised his option since even if he did he would not have automatically become a limited partner. Having made no contribution of capital, plaintiff did not become a partner, and his action for an accounting was therefore properly dismissed (see, Winter v Beale, Lynch Co., 198 A.D.2d 124). We have considered plaintiff's other arguments and find them to be without merit.

Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.