Bregman v. Lippmann — 271 A.D.2d 823

Majority

p. 823

(November 29, 1946.)

Julius Bregman, as Executor of Walter Levine, Deceased, Appellant, v. Leopold Lippmann, Respondent.

Appeal from an interlocutory judgment of the Supreme Court, entered March 13, 1945, in New York County, upon a decision of the court on a trial at Special Term, directing an accounting. The appeal is from the whole of said judgment except so much thereof as adjudicates that a joint venture was entered into between plaintiff and defendant.

Interlocutory judgment, so far as appealed from, affirmed, with costs.

I dissent and vote to modify the interlocutory judgment insofar as it holds that profits and losses shall be determined as of November 30, 1943. In my opinion,, section 61 of the Partnership Law is applicable. If defendant desired to retain the stocks purchased by plaintiff, he should be charged with the highest market value within a reasonable time

Dissent

p. 824

after the date of dissolution. In the circumstances, thirty days may be said to be a reasonable time.

Townley, Glennon, Callahan and Peck, JJ., concur in decision; Martin, P. J., dissents in opinion.

Interlocutory judgment, so far as appealed from, affirmed, with costs. No opinion.