For Your Data P.A. Properties, Inc. V. B.S. Moss' Standard Middle Corp. Example Brief
February 21, 2016
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P.A. Properties, Inc. v. B.S. Moss' Criterion Center Corp. case brief summary
2004 WL 2979984
CASE FACTS
The operator argued that the consultant's claim was defeated yesteryear a provision inward its articulation corporation understanding alongside the partner denying the partner unilateral ascendance to retain or supersede independent accountants.
DISCUSSION
CONCLUSION
The operator's motion for summary judgment was granted inward business office regarding the consultant's abandoned claims, in addition to otherwise denied. The consultant's motion for summary judgment was denied. The operator's motion to nail sure as shooting of the consultant's affidavits was granted inward part. The partner's motion to displace the third-party complaint was denied.
Recommended Supplements for Corporations in addition to Business Associations Law
2004 WL 2979984
CASE SYNOPSIS
Plaintiff, a consultant, brought a breach of contract activity against defendant, a moving painting identify operator, regarding a consulting understanding betwixt the consultant in addition to the operator's onetime partner. The operator brought a third-party indemnification activity against the partner. The consultant in addition to operator cross-moved for summary judgment. The operator moved to nail affidavits proffered yesteryear the consultant. The partner moved to dismiss.CASE FACTS
The operator argued that the consultant's claim was defeated yesteryear a provision inward its articulation corporation understanding alongside the partner denying the partner unilateral ascendance to retain or supersede independent accountants.
DISCUSSION
- The courtroom initially held that the operator was jointly liable nether the partner's consulting understanding alongside the consultant pursuant to N.Y. Partnership Law § 26(a)(2) because the consulting understanding was an obligation of the operator's articulation corporation alongside the partner pursuant to N.Y. Partnership Law § 20(1) as it was entered into during the life of the articulation corporation in addition to was clearly for the create goodness of the articulation venture.
- The courtroom farther held that the dissolution of the operator's articulation corporation alongside the partner did non discharge the operator's liability nether the consulting understanding pursuant to N.Y. Partnership Law § 67, exactly that at that spot were factual issues regarding whether the articulation venture's obligations nether the consulting understanding had been met.
- The courtroom live on held that the partner's bankruptcy did non extinguish the operator's indemnification claim because the operator's claim nether their articulation corporation constituted a valid pre-petition claim under 11 U.S.C.S. § 101(5).
CONCLUSION
The operator's motion for summary judgment was granted inward business office regarding the consultant's abandoned claims, in addition to otherwise denied. The consultant's motion for summary judgment was denied. The operator's motion to nail sure as shooting of the consultant's affidavits was granted inward part. The partner's motion to displace the third-party complaint was denied.
Recommended Supplements for Corporations in addition to Business Associations Law