Knapp Sons, Inc. v. Weiss

Full title: ROY C. KNAPP SONS, INC., Appellant, v. MURRAY WEISS et al., Respondents

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

Date published: May 9, 1994

204 A.D.2d 422 (N.Y. App. Div. 1994)

614 N.Y.S.2d 177

Opinion

May 9, 1994

Appeal from the Supreme Court, Dutchess County (Jiudice, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's conclusion that the defendant Murray Weiss adduced persuasive documentary evidence (CPLR 3211 [a] [1]) establishing that he was neither a general partner nor limited partner in the defendant limited partnership, subject to potential liability pursuant to Partnership Law § 96. Accordingly, he demonstrated his freedom from personal liability (see, Hoffman v. Eisenberg, 140 A.D.2d 306) and thus, the complaint was properly dismissed as against him.

We have reviewed the plaintiff's remaining contentions and find them to be without merit. Balletta, J.P., Miller, Hart and Krausman, JJ., concur.