Williamson v. Kaufman

Appellate Division of the Supreme Court of New York

Williamson v. Kaufman

23 A.D.2d 739, 258 N.Y.S.2d 233, 1965 N.Y. App. Div. LEXIS 4424

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

DecidedApril 15, 1965

StatusPublished

This text of 23 A.D.2d 739 (Williamson v. Kaufman) 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

Williamson v. Kaufman, 23 A.D.2d 739, 258 N.Y.S.2d 233, 1965 N.Y. App. Div. LEXIS 4424 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on January 14, 1965, denying plaintiff’s motion for summary judgment, unanimously affirmed, without costs or disbursements. A mixed issue of law and fact is presented as to whether the prosecution of the suit, for a dissolution of the partnership and an accounting, constituted an inconsistent election of a remedy and a waiver of the right to sue on the contract to compel repurchase of plaintiff’s interest in the partnership. That issue cannot properly be determined from the papers. If at all feasible, the parties should obtain a resolution of the triable issue presented in consolidation with the partnership accounting action. Concur — Breitel, J. P., Yalente, McNally, Steuer and Bastow, JJ,

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Order, entered on January 14, 1965, denying plaintiff’s motion for summary judgment, unanimously affirmed, without costs or disbursements. A mixed issue of law and fact is presented as to whether the prosecution of the suit, for a dissolution of the partnership and an accounting, constituted an inconsistent election of a remedy and a waiver of the right to sue on the contract to compel repurchase of plaintiff’s interest in the partnership. That issue cannot properly be determined from the papers. If at all feasible, the parties should obtain a resolution of the triable issue presented in consolidation with the partnership accounting action. Concur — Breitel, J. P., Yalente, McNally, Steuer and Bastow, JJ,

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Bluebook (online)

23 A.D.2d 739, 258 N.Y.S.2d 233, 1965 N.Y. App. Div. LEXIS 4424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-kaufman-nyappdiv-1965.