Joseph I. Simon v. Jacob Vogel Et Al‪.‬

[9 A.D.2d 63 Page 64] Pursuant to the terms of a partnership agreement which gave the parties the right to terminate the partnership by 90 days'
notice in writing, plaintiff served such a notice on February 28, 1958, effective May 28, 1958. Thereafter, attempts by the
parties to agree upon a distribution of the partnership assets failed. Plaintiff then brought an action in February, 1959
for specific performance of the dissolution agreement, for an injunction restraining defendants from doing anything destructive
of the partnership assets, for the appointment of a receiver and for an accounting. In that action plaintiff moved for the
appointment of a temporary receiver and defendants, in addition to opposing such relief, cross-moved to stay the action pending
arbitration.