82 A.D.2d 850 | N.Y. App. Div. | 1981
In an action, inter alia, to declare plaintiff a partner in certain business ventures with defendants and for an accounting, defendants appeal and plaintiff cross-appeals from a judgment of the Supreme Court, Queens County (Giaccio, J.), dated November 16, 1978, which, after a nonjury trial, awarded plaintiff the principal sum of $45,000. Defendants’ appeal brings up for review an order of the same court, dated May 4, 1977, which denied defendants’ motion to strike the case from the equity calendar, and for a jury trial. By orders dated December 17,1979 and July 14,1980, the case was remitted to Trial Term for findings of fact pursuant to CPLR 4213 and the cross appeals have been held in abeyance in the interim (Ramirez v Goldberg, 73 AD2d 640, 77 AD2d 589). Trial Term has now complied. Judg