AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

NORAH MAROULIS et al., Respondents, v. 64TH STREET-THIRD AVENUE ASSOCIATES et al., Appellants. NORAH MAROULIS et al., Respondents,

On defendants' prior appeal to this court, we rejected the contentions for dismissal grounded upon failure to join necessary parties and Statute of Limitations ( 133 A.D.2d 584; see also, Hotel Prince George Affiliates v. Maroulis, 62 N.Y.2d 1005, revg 98 A.D.2d 652). No basis is demonstrated under the governing partnership agreement to support the conclusion that 1975 inter vivos transfers of fractional partnership interests to existing partners and their children caused dissolution of the partnership. Further, no such claim was made for 13 years following such transfers. Therefore, the proper date of dissolution for purposes of the accounting is the date of death of one of the partners, July 22, 1975. We do not read the direction that the accounting cover the period through October 13, 1988 as mandating a recovery to plaintiff pursuant to Partnership Law § 73 where plaintiff's interest in the partnership was arguably worthless on the date of dissolution. That issue is left for further proceedings.

Concur — Murphy, P.J., Kassal, Ellerin, Smith and Rubin, JJ.

Use AI to get other relevant cases.

Comments

MAROULIS v. 64TH STREET-THIRD AVE. ASSOCIATES
(Jul 3, 1990)