Shubin v. Surchin

The basic issues presented on this appeal are whether or not the complaint should be dismissed for failure to state one or more causes of action and whether or not the defendants’ motion for summary judgment should have been granted in whole or in part. We conclude that the complaint should be sustained and defendants ’ motion denied.

Prior to 1959 plaintiff and defendant, Hyman Surchin, as partners, were engaged in the renovation, repair and sale of business machines. In that year the business was incorporated under the name of the corporate defendant. These two individuals then were and…