Kelley v. Lakeview Associates

Appellate Division of the Supreme Court of New York

Kelley v. Lakeview Associates

274 A.D.2d 502, 712 N.Y.S.2d 383, 2000 N.Y. App. Div. LEXIS 8179

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 24, 2000

StatusPublished

This text of 274 A.D.2d 502 (Kelley v. Lakeview Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. Lakeview Associates, 274 A.D.2d 502, 712 N.Y.S.2d 383, 2000 N.Y. App. Div. LEXIS 8179 (N.Y. Ct. App. 2000).

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Opinion

—In an action, inter alia, for an accounting, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lodato, J.H.O.), dated May 10, 1999, which, after a hearing, determined, inter alia, that the [503]*503plaintiff Kevin Kelley had no ownership interest in the defendant limited partnership.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kangs County, for further proceedings consistent herewith.

The Supreme Court erred in determining that the plaintiff Kevin Kelley had no ownership interest in the defendant limited partnership. The evidence establishes that Kelley had not withdrawn from his position of general partner (see, Matter of JK&E Partnership v Chase Manhattan Bank, 239 AD2d 582). Accordingly, the matter must be remitted to the Supreme Court, Kings County, to determine the amount of distribution to which Kelley is entitled. Sullivan, J. P., S. Miller, Florio and McGinity, JJ., concur.

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—In an action, inter alia, for an accounting, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lodato, J.H.O.), dated May 10, 1999, which, after a hearing, determined, inter alia, that the [503]*503plaintiff Kevin Kelley had no ownership interest in the defendant limited partnership.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kangs County, for further proceedings consistent herewith.

The Supreme Court erred in determining that the plaintiff Kevin Kelley had no ownership interest in the defendant limited partnership. The evidence establishes that Kelley had not withdrawn from his position of general partner (see, Matter of JK&E Partnership v Chase Manhattan Bank, 239 AD2d 582). Accordingly, the matter must be remitted to the Supreme Court, Kings County, to determine the amount of distribution to which Kelley is entitled. Sullivan, J. P., S. Miller, Florio and McGinity, JJ., concur.

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Bluebook (online)

274 A.D.2d 502, 712 N.Y.S.2d 383, 2000 N.Y. App. Div. LEXIS 8179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-lakeview-associates-nyappdiv-2000.

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