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