Katz v. Powers

OPINION OF THE COURT

Marquette L. Floyd, J.

This is a motion pursuant to CPLR 3211 (subd [a], pars 1, 7) and 3211 (subd [b]) to strike the affirmative defense and counterclaim, and for summary judgment under CPLR 3212 (subd [a]) or alternatively for partial summary judgment under CPLR 3212 (subd [e]).

Both parties are licensed insurance agents, who jointly shared an office and paid for the services of a secretary, and maintained a joint checking account to cover office expenses. However, they filed no partnership tax forms, nor did they register with any insurance company as partners or have any…