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140 N.Y.S. 113

Cukor v. Rothman

Appellate Terms of the Supreme Court of New York · decided 1913-02-18

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.

Decided 1913-02-18

PER CURIAM.

¶1While 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.

¶2The order is therefore reversed, with $10 costs and disbursements, and the motion denied without costs.

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