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Palmentola v. Morrell

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1964
21 A.D.2d 828 (N.Y. App. Div. 1964)

Opinion

June 24, 1964


In an action to establish a partnership and to recover damages for breach of an alleged partnership agreement, defendant appeals from an order of the Supreme Court, Queens County, dated April 13, 1964, which granted plaintiff's motion and which appointed a temporary receiver of the property, assets, rights and obligations of said partnership. Order reversed, with $10 costs and disbursements; and plaintiff's motion for a temporary receiver denied. Special Term found that the business would not be jeopardized if a receiver were not appointed. In view of such finding, with which we agree, there was no justification for the appointment of a receiver. The issue as to whether there was in fact a partnership must await determination on the basis of all the proof to be adduced upon a plenary trial. Kleinfeld, Acting P.J., Brennan, Hill, Rabin and Hopkins, JJ., concur.


Summaries of

Palmentola v. Morrell

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1964
21 A.D.2d 828 (N.Y. App. Div. 1964)
Case details for

Palmentola v. Morrell

Case Details

Full title:ENZO PALMENTOLA, Respondent, v. BEN MORRELL, Appellant

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

Date published: Jun 24, 1964

Citations

21 A.D.2d 828 (N.Y. App. Div. 1964)

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