Legal Opinion

Hynes v. Barr

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1996PublishedCited by 4 opinions

1Opinion of the Court

The plaintiff, a partner of the defendants, brought this action to recover the proceeds of an alleged loan made to the partnership. The defendants moved to dismiss the action, asserting, in essence, that the alleged loan was in fact a capital contribution. The defendants argued, among other things, that the partnership agreement barred loans from entities other than lending institutions and that the only way in which a partner could contribute money to the partnership was by way of a capital contribution. The Supreme Court agreed with the defendants’ arguments and granted the motion to…

2Cases cited4 opinions

  1. Jackson Heights Medical Group, P. C. v. Complex Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Chaim Ben-Dashan v. PlittAppellate Division of the Supreme Court of the State of New York · 1977
  3. Icon Motors, Inc. v. Empire State Datsun, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
  4. 38 Town Associates v. BarrAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. In re Eight of Swords, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. 38 Town Associates v. BarrAppellate Division of the Supreme Court of the State of New York · 1996
  4. In re Eight of Swords, LLCAppellate Division of the Supreme Court of the State of New York · 2012

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