Consiglio v. Consiglio

Appellate Division of the Supreme Court of New York

Consiglio v. Consiglio

143 A.D.2d 505, 533 N.Y.S.2d 260, 1988 N.Y. App. Div. LEXIS 10717

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1988·Published

Opinion

Order unanimously reversed on the law without costs, and defendants’ motion denied. Memorandum: Special Term erred in granting defendants’ motion to dismiss plaintiffs complaint pursuant to Partnership Law § 74 on the ground that it was barred by the Statute of Limitations (CPLR [506]*5063211 [a] [5]). There is an issue of fact when, if ever, the partnership was dissolved, and thus, when, if ever, the cause of action accrued (see, Bernstein v La Rue, 120 AD2d 476, lv dismissed 70 NY2d 746). (Appeal from order of Supreme Court, Erie County, Flaherty, J. — dismiss complaint.) Present —Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.

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Order unanimously reversed on the law without costs, and defendants’ motion denied. Memorandum: Special Term erred in granting defendants’ motion to dismiss plaintiffs complaint pursuant to Partnership Law § 74 on the ground that it was barred by the Statute of Limitations (CPLR [506]*5063211 [a] [5]). There is an issue of fact when, if ever, the partnership was dissolved, and thus, when, if ever, the cause of action accrued (see, Bernstein v La Rue, 120 AD2d 476, lv dismissed 70 NY2d 746). (Appeal from order of Supreme Court, Erie County, Flaherty, J. — dismiss complaint.) Present —Dillon, P. J., Doerr, Green, Pine and Lawton, JJ.

Consiglio v. Consiglio, 143 A.D.2d 505, 533 N.Y.S.2d 260, 1988 N.Y. App. Div. LEXIS 10717 (N.Y. Ct. App. 1988).

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143 A.D.2d 505 (Consiglio v. Consiglio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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