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THE TRAVELERS INSURANCE COMPANY, Plaintiff-Respondent, v. MARVIN MEYER, Defendant-Respondent, VICTORIA A. KUMMER and JOHN A. ZUBAK, Defendant-Appellant.

Appellant's counterclaims and cross claims against his partners were properly dismissed without prejudice. "It is well established that an action at law may not be maintained by one partner against another for any claim arising out of the partnership until there has been a full accounting except where the alleged wrong involves a partnership transaction which can be determined without an examination of the partnership accounts." (Kriegsman v. Kraus, Ostreicher Co., 126 A.D.2d 489). Appellant's claims do not fall within the stated exception (id.). We have considered appellant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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TRAVELERS INSURANCE COMPANY v. MEYER
(Dec 16, 1999)