Margolin v. Wiener — 239 N.Y. 589

Majority

p. 589

Joseph J. Margolin, Appellant, v. Morris Wiener, Respondent.

Headnote

Partnership — accounting — release — action to set aside general release executed on dissolution of partnership and for accounting.

Margolin v. Wiener, 208 App. Div. 802 , affirmed.

(Submitted November 26, 1924;

decided December 16, 1924.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 590

entered April 4, 1924, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to set aside a general release, made and delivered by the plaintiff to the defendant at the time of the dissolution of their partnership, and to compel the defendant to account for the value of a lease taken by the defendant on the premises which were formerly occupied by the parties as partners and “ the good will of the business.”

William Macy and Sol Friedland for appellant.

Irwin J. Sikawitt for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Andrews and Lehman, JJ. Absent: Crane, J.