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Agrawal v. Razgaitis

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 390 (N.Y. App. Div. 1989)

Opinion

April 3, 1989

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the appeal from the order dated February 29, 1988, is dismissed as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated December 7, 1987, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

An examination of the verified complaint discloses that the plaintiff, individually and on behalf of North Shore Partnership, essentially seeks equitable relief against one copartner of North Shore Partnership, Rasa Razgaitis, and other named defendants in the form of an accounting, reconveyance of real property to the partnership, and the imposition of a constructive trust. He also seeks a judgment against the defendants for any sum found to be due to either himself or the partnership. While the general rule with respect to partnerships provides that partners cannot sue each other at law unless there is an accounting, prior settlement, or adjustment of the partnership affairs (see, Lord v. Hull, 178 N.Y. 9), a partner may maintain an action at law against a copartner when no complex accounting is required or when only one transaction is involved which is fully closed but unadjusted (see, St. James Plaza v. Notey, 95 A.D.2d 804; Schuler v. Birnbaum, 62 A.D.2d 461). The action at bar specifically concerns an isolated and fully closed transaction and therefore falls within this exception. Furthermore, inasmuch as the plaintiff's action sought equitable relief, it was properly maintained (see, Parnes v. Edelman, 128 A.D.2d 596).

An examination of the verified complaint further discloses that the plaintiff does not seek dissolution of the partnership or a formal partnership accounting. Therefore the requisites of a formal partnership accounting need not be satisfied (see, Schwartz v. Manfredi, 72 A.D.2d 579). The relief is sought against only one partner, Rasa Razgaitis, and there is no claim that any of the other partners of North Shore Partnership have not consented to the action. Therefore, the other partners are not necessary parties and their joinder is not required (see, Levin v. Gidinsky, 258 App. Div. 1061). Finally, the appellants' contention that the other partners should have been joined as necessary parties because the plaintiff sought rescission of a partnership agreement is meritless because the complaint does not seek rescission (cf., Tudor v. Riposanu, 93 A.D.2d 718). Mangano, J.P., Kooper, Sullivan and Harwood, JJ., concur.


Summaries of

Agrawal v. Razgaitis

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 390 (N.Y. App. Div. 1989)
Case details for

Agrawal v. Razgaitis

Case Details

Full title:JUGAL K. AGRAWAL, Respondent, v. RASA RAZGAITIS et al., Appellants, et…

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

Date published: Apr 3, 1989

Citations

149 A.D.2d 390 (N.Y. App. Div. 1989)

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