183 A.D. 456
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1918
Appellate Division of the Supreme Court of the State of New York · decided 1918-06-07
Appeal by the plaintiff, Chris Dalury, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of New York on the 18th day of December, 1917, upon a dismissal of the complaint at the opening on a trial at Trial Term.
Good law ✅— No negative treatment on recordhow we know
Decided 1918-06-07
Cited by 12 later decisions — most recently September 1993
1 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1For any wrongful act of the partner Rezinas plaintiff must recover on an accounting. For any wrongful act of the receiver, plaintiff’s remedy, is upon the accounting of the receiver. With the accounting of the partner Rezinas closed and with the accounting of the receiver closed after plaintiff’s objections thereto were withdrawn, plaintiff is left without remedy against those who only aided and abetted the claimed wrongful acts.
¶2I think the judgment should be affirmed.