Couch v. Langan — 63 N.Y.2d 987

Majority

p. 987

George E. Couch, Jr., et al., Respondents, v Kevin G. Langan et al., Appellants.

Argued October 15, 1984;

decided November 15, 1984

p. 989

APPEARANCES OF COUNSEL

Carroll J. Mealey, Terence J. Devine and James T. Potter for appellants.

Jane W. Williams for respondents.

OPINION OF THE COURT

Order reversed, with costs, and complaint dismissed. The proof presented sustained none of the grounds alleged in the complaint for dissolution of the partnership nor was there a motion made to conform the pleadings to the proof in support of any other ground for dissolution. There was, therefore, no basis for the order of dissolution made.

Concur: Judges. Jasen, Jones, Wachtler, Meyer, Simons and Kaye. Taking no part: Chief Judge Cooke.