29 Cited authorities

  1. Wood v. Duff-Gordon

    222 N.Y. 88 (N.Y. 1917)   Cited 561 times   2 Legal Analyses
    Holding that where a fashion designer granted her agent the exclusive right, for at least a year, to use the designer's "indorsements" on third parties' garments in exchange for one-half of the profits from the agent's efforts, "a promise [was] fairly to be implied" by the agent to "use reasonable efforts" to bring at least some profits into existence
  2. C.U. Annuity Service Corp. v. Young

    281 A.D.2d 292 (N.Y. App. Div. 2001)   Cited 27 times

    March 22, 2001. Order, Supreme Court, New York County (Herman Cahn, J.), entered June 23, 2000, which denied plaintiffs' motion for summary judgment declaring void defendant Young's sale of his right to receive periodic payments from plaintiffs pursuant to a tort settlement and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the cross motion denied. The Clerk is directed to enter judgment accordingly

  3. In re Century/ML Cable Venture

    294 B.R. 9 (Bankr. S.D.N.Y. 2003)   Cited 22 times
    Noting that the Bankruptcy Code's purpose is to protect the right of debtors via bankruptcy court proceedings
  4. BPR Group Ltd. Partnership v. Bendetson

    906 N.E.2d 956 (Mass. 2009)   Cited 8 times

    February 2, 2009. May 21, 2009. Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, GANTS, JJ. Contract, Joint venture. Joint Enterprise. Uniform Partnership Act. Partnership, Agreement, Dissolution. Damages, Breach of partnership agreement, Interest. In an action brought in Superior Court by a limited partnership (plaintiff) seeking, inter alia, a judgment declaring that notices it had sent to the defendants dissolved their real estate joint ventures under G.L. c. 108A, § 31 (1) ( b)

  5. In re Popkin Stern

    340 F.3d 709 (8th Cir. 2003)   Cited 12 times
    Interpreting Missouri law and noting “as a general rule, when two insurance policies cover the same risk and contain closely similar ‘other insurance’ clauses, the clauses are not enforced”
  6. Holiday Inns, Inc. v. Olsen

    692 S.W.2d 850 (Tenn. 1985)   Cited 32 times
    Finding that courts should seriously regard interpretations given to uniform laws by other state courts and strive for uniformity in construction where possible
  7. Schiffer v. Slomin's

    39 Misc. 3d 414 (N.Y. Dist. Ct. 2013)   Cited 3 times

    2013-02-14 Dale SCHIFFER and Ram Raviv, Plaintiff(s), v. SLOMIN'S, Defendant(s). Kirschenbaum & Kirschenbaum, P.C., Garden City, Attorney for Defendant. Dale Schiffer, Plaintiff pro se. GARY FRANKLIN KNOBEL Kirschenbaum & Kirschenbaum, P.C., Garden City, Attorney for Defendant. Dale Schiffer, Plaintiff pro se. Ram Raviv, Plaintiff pro se. GARY FRANKLIN KNOBEL, J. The motion by the defendant, Slomin's Inc., for an order dismissing the action by plaintiff Raviv and compelling arbitration between plaintiff

  8. Schiffer v. Slomin's, Inc.

    40 Misc. 3d 884 (N.Y. Dist. Ct. 2013)   Cited 2 times

    2013-06-26 Dale SCHIFFER and Ram Raviv, Plaintiff(s), v. SLOMIN'S, INC., Defendant(s). Kirschenbaum & Kirschenbaum, P.C., Garden City, Attorney for Defendant. Dale Schiffer, Plaintiff pro se. GARY FRANKLIN KNOBEL Kirschenbaum & Kirschenbaum, P.C., Garden City, Attorney for Defendant. Dale Schiffer, Plaintiff pro se. Ram Raviv, Plaintiff pro se. GARY FRANKLIN KNOBEL, J. The unopposed motion by defendant Slomin's Inc. (hereafter “ Slomin's”) for an order granting leave to reargue the denial of its

  9. Durso v. J.P Morgan Chase Co.

    27 Misc. 3d 1212 (N.Y. Misc. 2010)

    April 15, 2010. Marrazzo, J. Consumer Protection — Consumer Credit — Billing Errors.

  10. Burger, Kurzman Kaplan Stuchin v. Kurzman

    139 A.D.2d 422 (N.Y. App. Div. 1988)   Cited 13 times

    April 12, 1988 Appeal from the Supreme Court, New York County (Andrew Tyler, J.). Burger, Kurzman, Kaplan Stuchin was a partnership among those named certified public accountants. The parties signed a partnership agreement in 1973 for a fixed term expiring in 1998. The agreement contained provisions for the payment of salaries and benefits, the division of profits and losses, formulae for the contingencies of the disability or retirement of a partner, and a restrictive covenant forbidding the performance

  11. Section 2-316 - Exclusion or Modification of Warranties

    N.Y. U.C.C. Law § 2-316   Cited 134 times
    Providing that remedies for a breach of warranty may be limited in accordance with the provisions of the Uniform Commercial Code
  12. Section 40 - Rules determining rights and duties of partners

    N.Y. Partnership Law § 40   Cited 102 times   2 Legal Analyses

    The rights and duties of the partners in relation to the partnership shall be determined, subject to any agreement between them, by the following rules: 1. Each partner shall be repaid his contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; and except as provided in subdivision (b) of section twenty-six of this chapter, each partner must contribute

  13. Section 10 - Partnership defined

    N.Y. Partnership Law § 10   Cited 95 times

    1. A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes for all purposes of the laws of this state, a registered limited liability partnership. 2. But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but

  14. Section 24 - Partnership bound by partner's wrongful act

    N.Y. Partnership Law § 24   Cited 84 times
    Holding partners liable for "any act or omission of any partner"
  15. Section 60 - Dissolution defined

    N.Y. Partnership Law § 60   Cited 45 times

    The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business. N.Y. Partnership Law § 60

  16. Section 63 - Dissolution by decree of court

    N.Y. Partnership Law § 63   Cited 44 times   1 Legal Analyses

    The court shall decree a dissolution. 1. On application by or for a partner whenever: (a) A partner has been declared incompetent in any judicial proceeding or is shown to be of unsound mind, (b) A partner becomes in any other way incapable of performing his part of the partnership contract, (c) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business, (d) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise

  17. Section 27 - Partner by estoppel

    N.Y. Partnership Law § 27   Cited 33 times

    1. When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to any one, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such

  18. Section 4 - Rules of construction

    N.Y. Partnership Law § 4   Cited 21 times

    1. The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. 2. The law of estoppel shall apply under this chapter. 3. The law of agency shall apply under this chapter. 4. This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it. 5. This chapter shall not be construed so as to impair the obligations of any contract existing when the chapter goes into

  19. Section 69 - Rights of partners to application of partnership property

    N.Y. Partnership Law § 69   Cited 21 times   1 Legal Analyses

    1. When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his copartners and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may have the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners. But if dissolution is caused by expulsion of a partner, bona fide under the partnership agreement

  20. Section 53 - Assignment of partner's interest

    N.Y. Partnership Law § 53   Cited 16 times

    1. A conveyance by a partner of his interest in the partnership does not of itself dissolve the partnership, nor, as against the other partners in the absence of agreement, entitle the assignee, during the continuance of the partnership, to interfere in the management or administration of the partnership business or affairs, or to require any information or account of partnership transactions, or to inspect the partnership books; but it merely entitles the assignee to receive in accordance with his

  21. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review