Opinion
June 15, 1998
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
There are triable issues of fact as to the implied equitable right of the plaintiff, as guarantor of a partnership debt, to seek reimbursement from "the appellants, two former partners, for the sums he paid to the partnership's creditors ( see, Blanchard v. Blanchard, 201 N.Y. 134; Thompson v. Taylor, 72 N.Y. 32; Konitzky v. Meyer, 49 N.Y. 571). Therefore, the Supreme Court properly denied the appellants' cross motion for summary judgment.
Rosenblatt, J.P., Copertino, Goldstein and Luciano, JJ., concur.