Leibevic v. Bronstein

Appellate Division of the Supreme Court of New York

Leibevic v. Bronstein

134 A.D.2d 891, 522 N.Y.S.2d 56, 1987 N.Y. App. Div. LEXIS 51083

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

DecidedNovember 10, 1987

StatusPublished

This text of 134 A.D.2d 891 (Leibevic v. Bronstein) 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

Leibevic v. Bronstein, 134 A.D.2d 891, 522 N.Y.S.2d 56, 1987 N.Y. App. Div. LEXIS 51083 (N.Y. Ct. App. 1987).

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Opinion

— Judgment unanimously affirmed with costs. Memorandum: The record supports the court’s finding that during operation of the partnership, defendant engaged in conduct tantamount to fraudulent concealment and breach of fiduciary responsibilities. Such conduct would have warranted a dissolution (see, Partnership Law §63 [1] [c], [d]). The equitable remedy of rescission may be exercised where a party has committed fraudulent acts or a breach of the agreement during performance (see generally, 22 NY Jur 2d, Contracts, §§ 415, 435) and, in this instance, the court properly awarded rescission and a return of plaintiffs capital investment pursuant to section 70 of the Partnership Law. (Appeal from second amended judgment of Supreme Court, Erie County, Joslin, J. —breach of contract.) Present — Dillon, P. J., Callahan, Green, Pine and Balio, JJ.

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— Judgment unanimously affirmed with costs. Memorandum: The record supports the court’s finding that during operation of the partnership, defendant engaged in conduct tantamount to fraudulent concealment and breach of fiduciary responsibilities. Such conduct would have warranted a dissolution (see, Partnership Law §63 [1] [c], [d]). The equitable remedy of rescission may be exercised where a party has committed fraudulent acts or a breach of the agreement during performance (see generally, 22 NY Jur 2d, Contracts, §§ 415, 435) and, in this instance, the court properly awarded rescission and a return of plaintiffs capital investment pursuant to section 70 of the Partnership Law. (Appeal from second amended judgment of Supreme Court, Erie County, Joslin, J. —breach of contract.) Present — Dillon, P. J., Callahan, Green, Pine and Balio, JJ.

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Bluebook (online)

134 A.D.2d 891, 522 N.Y.S.2d 56, 1987 N.Y. App. Div. LEXIS 51083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leibevic-v-bronstein-nyappdiv-1987.

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