New York Court of Appeals

W. Edward Bailey, Appellants v. Fish & Neave, Respondents

May 8, 20078 N.Y.3d 523

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the partnership agreement could be validly amended by a majority vote to change compensation for withdrawing partners. The court reasoned that the agreement’s unambiguous majority‑vote provision superseded the default rule in Partnership Law § 40(8), which requires unanimity only in the absence of an agreement.