From Casetext: Smarter Legal Research

Blumberg v. Manuel

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1996
233 A.D.2d 149 (N.Y. App. Div. 1996)

Opinion

November 12, 1996.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about June 23, 1995, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Before: Sullivan, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.


Plaintiffs vague evidence failed to satisfy his obligation to show "customary indicia" of a partnership ( M.I.F. Sec. Co. v Stamm Co., 94 AD2d 211, 214, affd 60 NY2d 936). In particular, plaintiff made an insufficient showing as to the essential element of an agreement to share losses ( see, Chanler v Roberts, 200 AD2d 489, 491, lv denied 84 NY2d 903), and also as to sharing in management decisions.

We have considered plaintiffs remaining arguments and find them to be without merit.


Summaries of

Blumberg v. Manuel

Appellate Division of the Supreme Court of New York, First Department
Nov 12, 1996
233 A.D.2d 149 (N.Y. App. Div. 1996)
Case details for

Blumberg v. Manuel

Case Details

Full title:MITCHELL G. BLUMBERG, Appellant, v. BERNARD M. MANUEL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 12, 1996

Citations

233 A.D.2d 149 (N.Y. App. Div. 1996)
649 N.Y.S.2d 787

Citing Cases

Baker v. Kohler

We see no basis to disturb the Special Referee's finding that plaintiffs' evidence failed to show "customary…