ALAN FINKEL, res, v. ARNOLD FIRESTONE, APPELLANT def — (INDEX NO. 28610/08)In an action, inter alia, to recover damages for breach of contract, in which the defendant Arnold Firestone counterclaimed for, among other things, a judgment declaring his rights and obligations, and those of the plaintiff and the defendant Firestone & Finkel, LLP, pursuant to an alleged oral partnership agreement, and cross-claimed against the defendant Firestone & Finkel, LLP, for, inter alia, a judgment, in effect, declaring that the defendant Firestone & Finkel, LLP, breached that oral partnership agreement, the defendant Arnold Firestone appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 6, 2011, which granted the plaintiff's motion for summary judgment dismissing his second counterclaim, and for summary judgment, in effect, declaring, in connection with his third, fourth, and fifth counterclaims, and the first cross claim asserted by him against the defendant Firestone & Finkel, LLP, among other things, that there is no oral partnership agreement between the parties.