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JEFFREY SILVER, plf-ap, v. WHITNEY PARTNERS LLC def-res

14029. JEFFREY SILVER, plf-ap, v. WHITNEY PARTNERS LLC def-res — JEFFREY SILVER, APPELLANT PRO SE. Rottenberg Lipman Rich, P.C., New York (Robert Freilich of counsel), for Whitney Partners LLC and Alicia Lazaro, res — Pick & Zabicki, LLP, New York (Eric C. Zabicki of counsel), for Douglas J. Pick, res — Order, Supreme Court, New York County (Louis B. York, J.), entered December 23, 2013, which, among other things, granted the motion of defendant Whitney Group LLC's (Whitney Group) assignee, Douglas J. Pick, to dismiss the complaint as against the Whitney Group and dismissed the complaint as against all defendants, unanimously affirmed, without costs.

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14029. JEFFREY SILVER, plf-ap, v. WHITNEY PARTNERS LLC def-res — JEFFREY SILVER, APPELLANT PRO SE. Rottenberg Lipman Rich, P.C., New York (Robert Freilich of counsel), for Whitney Partners LLC and Alicia Lazaro, res — Pick & Zabicki, LLP, New York (Eric C. Zabicki of counsel), for Douglas J. Pick, res — Order, Supreme Court, New York County (Louis B. York, J.), entered December 23, 2013, which, among other things, granted the motion of defendant Whitney Group LLC’s (Whitney Group) assignee, Douglas J. Pick, to dismiss the complaint as against the Whitney Group and dismissed the complaint as against all defendants, unanimously affirmed, without costs.

In 2002, plaintiff entered into a joint venture agreement with defendant Whitney Group to share fees for executive search and placement services in the financial industry. The agreement was extended and modified several times and, as relevant here, required Whitney Group to pay plaintiff a commission advance of $40,000 on October 1, 2008. Neither party disputes that Whitney Group never paid the $40,000.

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