Cukor v. Rothman — 140 N.Y.S. 113

Majority

p. 113

CUKOR v. ROTHMAN.

(Supreme Court, Appellate Term, First Department.

February 18, 1913.)

Headnote

Courts (§ 188^[1] )—Jurisdiction—City Court.

An action against defendant for damages which he undertook to pay for his breach of a contract by a premature dissolution of a partnership, and a failure of the defendant to carry out his personal covenants,

p. 114

was an action at law of which the City Court of the city of New York had jurisdiction, though it was based on a partnership contract.

[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 437-468; Dec. Dig. § 188.*]

Appeal from City Court of New York, Special Term.

Action by Victor F. Cukor against Henry A. Rothman. From an order ( 139 N. Y. Supp. 1015 ) granting defendant’s motion for judgment on the pleadings in an action on a contract of partnership, plaintiff appeals. Reversed.

Argued January term, 1913, before SEABURY, LEHMAN, and PAGE, JJ.

Henry 'Kuntz, of New York City (Abraham P. Wilkes, of New York City, of counsel), for appellant.

Abraham Landau, of New York City, for respondent.

While the plaintiff’s cause of action is based upon a partnership contract, the breach alleged is the premature dissolution of the partnership, and the failure of the defendant to carry out his personal covenants under the agreement, and the damages claimed are amounts which the defendant personally undertook to pay. The action is therefore an action at law of which the City Court had jurisdiction.

The order is therefore reversed, with $10 costs and disbursements, and the motion denied without costs.