Court: Appellate Division of the Supreme Court of the State of New York; February 8, 1998; New York; State Appellate Court
The plaintiff, Gianfranco Donati, appeals a resettled judgment from the Supreme Court, Queens County, favoring the defendants, Marinelli Construction Corp. (MCC) and Nicholas Marinelli, on their counterclaims. The judgment awarded MCC $15,692.50 and $6,613.66, and Marinelli $7,875. The defendants cross-appeal regarding omitted damages for property management and construction supervision costs.
The judgment is modified to grant Donati $14,505.89 against MCC instead of the amounts previously awarded. The case involves consolidated actions stemming from joint ventures aimed at purchasing and renovating properties in Queens County, with profit-sharing agreements.
The court found that Donati was owed money regarding properties on 13th Avenue and 18th Avenue. Evidence from an accountant indicated Donati was owed $17,587.58 for the 13th Avenue property, countering the court's original findings. Additionally, Donati was entitled to $19,224.47 from the sale of the 18th Avenue property, as Marinelli did not provide evidence to dispute this claim. Thus, Donati's total entitlement amounts to $36,812.05, from which $22,306.16 owed to MCC is deducted, resulting in a judgment in Donati's favor of $14,505.89.
The court appropriately disallowed Marinelli’s claims for fees related to office administration, property management, and construction supervision, citing that partners are not automatically entitled to remuneration in the absence of an agreement. The court also exercised discretion regarding the interest rate on profit shares, which was deemed appropriate.
All other contentions by the parties were found to lack merit.
