Gerstein v. Teitelbaum

Though it is claimed that the partnership was terminable at will, plaintiff does not allege that the partnership was dissolved at his election. The bringing of an action for dissolution of a partnership and for an accounting does not constitute an election on the part of plaintiff to exercise his right to dissolve the partnership notwithstanding that he had such right to dissolve. There must be a notice of election to terminate or a mutual agreement. (Brady v. Powers, 112 App. Div. 845, 850, mod. 188 N. Y. 626; Klenoff v. Goodstein, 268 App. Div. 510, 511.)

The action brought by plaintiff is…