Summary
affirming dismissal of counterclaims and cross-claims for "breach of fiduciary duty and gross negligence without prejudice to their imposition before the Referee within the framework of the accounting. . . ."
Summary of this case from In re YerushalmiOpinion
December 16, 1999
Orders, Supreme Court, New York County (Ira Gammerman, J.), entered April 8, 1999, which, in an action to dissolve a partnership, dissolved the partnership, referred the matter to a Referee for an accounting and distribution of partnership assets, and dismissed defendant-appellant's counterclaims and cross claims against plaintiff and defendant-respondent for breach of fiduciary duty and gross negligence without prejudice to their interposition before the Referee within the framework of the accounting, unanimously affirmed, with costs.
David Lender for Plaintiff-Respondent.
Robert P. Avolio for Defendant-Appellant.
ELLERIN, P.J., TOM, RUBIN, ANDRIAS, BUCKLEY, JJ.
Appellant's counterclaims and cross claims against his partners were properly dismissed without prejudice. "It is well established that an action at law may not be maintained by one partner against another for any claim arising out of the partnership until there has been a full accounting except where the alleged wrong involves a partnership transaction which can be determined without an examination of the partnership accounts." (Kriegsman v. Kraus, Ostreicher Co., 126 A.D.2d 489). Appellant's claims do not fall within the stated exception (id.). We have considered appellant's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.