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Matter of Kavaler

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 709 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


In 1993, upon investing $75,000, claimant became an officer and 50% shareholder of a business which operated a social games club. After selling his share of the business in 1996 for $300,000, he applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board found that claimant voluntarily left his employment without good cause and denied his application. Claimant appeals. Although claimant contends that conflicts with his partner forced him to sell his share of the business in order to protect his initial investment after his partner threatened to leave and compete with the club, the Board, resolving issues of fact and credibility, determined that claimant's contention and concern that he could not run the business himself were speculative; we find no reason to disturb this determination. In any event, personality clashes with a business partner have been held not to constitute good cause to leave employment ( see, Matter of Ballard [Hartnett], 176 A.D.2d 428, 429), especially when, as here, the business was profitable, claimant and his partner continued to draw a salary and claimant realized a handsome profit by selling his interest. Inasmuch as substantial evidence supports the finding that claimant did not have a compelling reason to leave his employment, we affirm the Board's decision ( see, Matter of Bobrow [Sweeney], 243 A.D.2d 795; Matter of Ballard [Hartnett], supra).

Mikoll, J. P., Mercure, White, Spain and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Kavaler

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 709 (N.Y. App. Div. 1998)
Case details for

Matter of Kavaler

Case Details

Full title:In the Matter of the Claim of FRANKLIN KAVALER, Appellant. COMMISSIONER OF…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 709 (N.Y. App. Div. 1998)
675 N.Y.S.2d 429