Summary
In Kirschbaum v Merchants Bank (272 App. Div. 336, 337 [1st Dept 1947]), the Appellate Division stated that "[a] member of a partnership seeking to recover from a third party a debt due the partnership must bring the action on behalf of and for the benefit of the partnership and may not recover upon such an obligation individually.
Summary of this case from Patel v. MacArthurOpinion
June 17, 1947.
Appeal from Supreme Court, New York County, LEVY, J.
Israel H. Zinovoy for appellant.
Louis J. Greenburg of counsel ( Lewandorf Greenburg, attorneys), for respondent.
A member of a partnership seeking to recover from a third party a debt due the partnership must bring the action on behalf of and for the benefit of the partnership and may not recover upon such an obligation individually. The cause of action resides in the partnership and not in one of its members. ( Baron v. Lakow, 121 App. Div. 544.)
The order denying defendant's motion to dismiss the complaint should accordingly be reversed, with $20 costs and disbursements to the appellant and the motion granted, with leave to plaintiff to serve an amended complaint within twenty days after service of a copy of the order to be entered herein, upon payment of said costs.
COHN, CALLAHAN, PECK and VAN VOORHIS, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion granted, with leave to the plaintiff to serve an amended complaint within twenty days after service of the order, with notice of entry thereof, on payment of said costs.