Majority
p. 1020Max Teitelbaum, Respondent, v. Irving Weiser, Appellant, et al., Defendants.
Order affirmed, with $20 costs and disbursements. No opinion. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.; Peck, P.- J., dissents in part as follows: I dissent as to the second cause of action and vote to reverse
p. 1021
and grant defendant’s motion with respect thereto. Upon the allegations in this cause of action the partnership between Rubin Teitelbaum and the appellant is continuing and I do not think a partner should be permitted, while the partnership is continuing, to assign a single claim against his partner arising out of the partnership. [See post, p. 1104.]