Pomirchy v. Homburger

Appellate Division of the Supreme Court of New York

Pomirchy v. Homburger

160 A.D.2d 561

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

DecidedApril 24, 1990

StatusPublished

This text of 160 A.D.2d 561 (Pomirchy v. Homburger) 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

Pomirchy v. Homburger, 160 A.D.2d 561 (N.Y. Ct. App. 1990).

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Opinion

—Order and judgment (one paper), Supreme Court, New York County (Norman Ryp, J.), entered June 2, 1989, which dismissed the petition seeking relief pursuant to CPLR 5239, unanimously affirmed, with costs.

A special proceeding pursuant to CPLR 5239 may not be maintained under the facts presented, because the disputed partnership interest has already been sold pursuant to a prior order of the court. Nor, in the context of this proceeding, has petitioner demonstrated an entitlement to an accounting, since he is not a partner in the partnership, only an assignee of Levitin’s cash flow. Concur—Murphy, P. J., Carro, Rosenberger, Kassal and Smith, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (Norman Ryp, J.), entered June 2, 1989, which dismissed the petition seeking relief pursuant to CPLR 5239, unanimously affirmed, with costs.

A special proceeding pursuant to CPLR 5239 may not be maintained under the facts presented, because the disputed partnership interest has already been sold pursuant to a prior order of the court. Nor, in the context of this proceeding, has petitioner demonstrated an entitlement to an accounting, since he is not a partner in the partnership, only an assignee of Levitin’s cash flow. Concur—Murphy, P. J., Carro, Rosenberger, Kassal and Smith, JJ.

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Bluebook (online)

160 A.D.2d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pomirchy-v-homburger-nyappdiv-1990.