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Malmeth v. Schneider

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1963
18 A.D.2d 1030 (N.Y. App. Div. 1963)

Opinion

March 25, 1963


In an action to recover damages for defendant's alleged wrongful dissolution of his partnership with the plaintiff, the defendant appeals from an order of the Supreme Court, Queens County, dated October 18, 1962, which denied his motion for judgment on the pleadings, dismissing the complaint (Rules Civ. Prac., rule 112). (See 36 Misc.2d 966 for opinion of the court.) Order reversed, with $10 costs and disbursements; motion for judgment on the pleadings granted; and complaint dismissed. The unambiguous language of the partnership agreement provides for the continuing performance by the parties so long as the agreement shall be in effect. However, the agreement contains no provision for its duration. Under such circumstances, the agreement created a partnership at will which might be dissolved at any time by the express will of either partner without violation of the agreement (Partnership Law, § 62, subd. 1, par. [b]). Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.


Summaries of

Malmeth v. Schneider

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1963
18 A.D.2d 1030 (N.Y. App. Div. 1963)
Case details for

Malmeth v. Schneider

Case Details

Full title:BENJAMIN MALMETH, Respondent, v. CORNELIUS SCHNEIDER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 25, 1963

Citations

18 A.D.2d 1030 (N.Y. App. Div. 1963)
238 N.Y.S.2d 986

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