Appellate Terms of the Supreme Court of New York, 1913

Cukor v. Rothman

Appellate Terms of the Supreme Court of New York · Decided February 18, 1913

140 N.Y.S. 113 (New York Supplement)

Counsel

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.

Opinion of the Court

PER CURIAM.

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.

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