Fasolo v. Scarafile
Decision Date | 23 October 2014 |
Citation | 21 N.E.3d 554,24 N.Y.3d 992,2014 N.Y. Slip Op. 87278,997 N.Y.S.2d 103 (Mem) |
Parties | Michael FASOLO et al., Appellants, v. Joseph A. SCARAFILE, Respondent. |
Court | New York Court of Appeals Court of Appeals |
Opinion
Reported below, 120 A.D.3d 929, 991 N.Y.S.2d 820.
Motion, insofar as it seeks leave to appeal from that portion of the August 2014 Appellate Division order affirming so much
of Supreme Court's order as granted the motion to dismiss the complaint, denied; motion for leave to appeal otherwise dismissed upon the ground that the remainder of the August 2014 Appellate Division order does not finally determine the action within the meaning of the Constitution.
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Capizzi v. Brown Chiari LLP
...it is not dispositive" ( Fasolo v. Scarafile , 120 A.D.3d 929, 931, 991 N.Y.S.2d 820 [4th Dept. 2014], lv dismissed 24 N.Y.3d 992, 997 N.Y.S.2d 103, 21 N.E.3d 554 [2014] ; see § 11 [4]). Rather, we look to the parties’ conduct, intent, and relationship to determine whether a partnership exi......
- Fasolo v. Scarafile