From Casetext: Smarter Legal Research

Tamir v. Lamb

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1980
75 A.D.2d 810 (N.Y. App. Div. 1980)

Opinion

May 5, 1980


In an action to recover a sum of money under a "purported partnership agreement", defendant partnership appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Nassau County, dated October 23, 1979, as, after a nonjury trial, held it liable for the return of the money. Judgment reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed as to the appellant. Plaintiff Joel Tamir entered into an agreement with defendants Lamb and Adams to receive a 10% share of their "division of money at the Breakers Hotel". Plaintiff paid $15,000 in turn for the 10% share. "The Breakers" was a partnership consisting of defendants Hamel, Lamb and Adams. No evidence was presented to show that Hamel was involved in, or had any knowledge of, the agreement. It is clear that the agreement was solely between the plaintiff, Lamb and Adams, and that, without Hamel's consent, plaintiff was not a partner in the partnership known as "The Breakers" (see Partnership Law, § 40, subd 7). Furthermore, the evidence at trial failed to establish that the partnership received or derived any benefit from the agreement, that Lamb or Adams was carrying out any partnership business or that they had any authority for what they did (see Partnership Law, § 20, subd 2). Damiani, J.P., Titone, Mangano and Gulotta, JJ., concur.


Summaries of

Tamir v. Lamb

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1980
75 A.D.2d 810 (N.Y. App. Div. 1980)
Case details for

Tamir v. Lamb

Case Details

Full title:JOEL TAMIR, Respondent, v. EMANUEL LAMB et al., Doing Business as THE…

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

Date published: May 5, 1980

Citations

75 A.D.2d 810 (N.Y. App. Div. 1980)
427 N.Y.S.2d 487

Citing Cases

Whalen v. Gerzof

Moreover, the assignment by Gerzof to plaintiff, even if found valid, did not entitle her to participate in…

Don v. Singer

Moreover, to the extent it is alleged that Junger and Rosner were Singer's partners, that they agreed to the…